THE death penalty is as old as mankind itself. For thousands of years, it has been applied, as confirmed by the major religious texts, as the ultimate penalty or punishment for crimes as varied as adultery, stealing, murder and treason. Historically and politically, the death penalty and its implementation have helped to shape many events of great significance to the development of mankind.
In Africa, the death penalty, prior to the advent of colonial rule was common to virtually all native societies existing across the continent. In several societies, it was applied along with banishment to signify the society’s disapproval of certain behaviour or conduct. The great Zulu King, Shaka Zulu, is recorded as having applied the penalty for mostly political reasons.
Some weeks after this, the Government of Edo State announced the execution of some convicts who had been sentenced to death for various crimes and who had exhausted the appeal process put in place by law. The comments of President Jonathan and the executions that followed, attracted criticism and praise from diverse quarters.
Indeed, the Supreme Court of Nigeria in Kalu v. State 13 NWLR Pt 583 531 upheld the legality of the death penalty. In the said case, the Court was asked to consider whether the death penalty was not a violation of the rights of the individual to life and protection from cruel and inhuman treatment as guaranteed by the Constitution.