Pastor Hezekiah Olujobi, the Chief Executive Officer and Director for Centre for Justice Mercy and Reconciliation (CJMR), a grassroots organization dedicated to protecting the basic legal rights of Nigerian citizens, joined the capital punishment debate.
What is your take on death penalty?
If there is sufficient and overwhelming evidence that an individual is guilty of a crime, they should face the consequences. The suspension of the death penalty occurred in 1999 after the establishment of a democratic government in Nigeria. However, before the abolition of the death sentence, there were instances of many innocent people who were executed in Nigeria. Unfortunately, there is no record of innocence because nobody is looking in that direction.
During the period of executions, crime rates increased and at every point the Nigerian government has launched attacks to combat crime, innocent people often suffer as a result. We can see that firing squads did not stop crime, if we reflect on the common crimes that attracted firing squads in the past; we can agree that there was a time when bank robbery was rampant in Nigeria. Can you tell me when you last heard of a bank robbery? The reason bank robbery has diminished is due to technology that makes it difficult for criminals to penetrate banks and access money.
There was also a time when highway robbery was rampant, with criminals using various tactics to rob victims, which claimed many lives. After the government launched attacks against these criminals, the incidents decreased. Why is highway robbery not as prevalent as before? It is because of improved road conditions. Highway robbery can only take place on poorly maintained roads. While it has not been completely eradicated, it has certainly reduced.
Due to the high rate of crime, the government has launched various anti-robbery squads. However, we can see that the more these responses are implemented, the more robbery incidents seem to increase. Have you ever asked yourself why crime is on the rise? Crime is increasing in various dimensions because of societal changes. People commit crimes to survive and to remain relevant. Many individuals have developed means of survival through kidnapping, ritual killings, and internet fraud, which pose a threat to human life. We claim that the law exists, but the existing laws seem ineffective, as crime continues to rise.
So what should government do?
It is the duty of the government to protect its citizens, but we see that these criminals are becoming a greater threat to society. Prisons, particularly those housing death row inmates, are overcrowded and inhumane. Unfortunately, I was not part of the visiting team; otherwise, I would have suggested to the Attorney General to ask the wardens to lock up the inmates and then visit each cell to see how they are sleeping. It’s inhumane.
Now, the argument is whether the government should go ahead and sign the death warrants to reduce crime. In the 80s and 90s, did you hear about internet fraud (Yahoo Yahoo)? You can see that now it is rampant. You will agree with me that the more police launch attacks against these criminals, the more crime seems to increase. However, you will also agree that while some crimes are increasing, others are decreasing, and some police officers are even implicated in these crimes.
Should government sign death warrants?
Yes, they should go ahead and sign the death warrants, but with caution. How would you feel about someone who killed your son and after 10 years, is released in the name of repentance? How would you feel about someone who kidnapped your relative and caused you psychological trauma, only to be granted amnesty after some years? In cases of ritual murder, not accidental murder, I strongly recommend that such individuals, including the herbalists involved, should be put to death. Armed robbery that involves murder should also result in the death penalty. If they have repented, let them go and meet God. Where there is overwhelming evidence of guilt, such judgments should be made public for debate so that the public can be assured that the real perpetrators are indeed guilty of the offense, and the day of reckoning must come for them.
“He who kills by the sword will definitely die by the sword,” as stated in the New Testament. It is ungodly to spare a terrorist or a murderer involved in ritual killings. It is unjust to apprehend the culprit and let go of the one who instigated them to commit the crime. In fact, I would suggest the death penalty for both. It is ungodly and unconstitutional to spare kidnappers. This crime is increasing because government is doing nothing about it, which is why criminals can plan jailbreaks to enforce their freedom and continue to unleash terror on society. It is an insult and it shows that the law is not working. From Genesis to Revelation, the law does not change; Genesis 9:6, Matthew 26:52 and Revelation 13:9-10 speak about these issues; it is disobedient to God’s order to spare them without any means of reforming them. I support signing execution warrants for deterrence, moral responsibility and public assurance.
For the public to trust the justice system, judgments involving capital punishment should be transparent and subject to public debate.
But you also say no to the signing of execution warrants, is this not contradictory?
As an advocate for those wrongfully sentenced to death, I have compelling reasons to oppose the signing of execution warrants. My experiences have shown me the grave injustices that can occur within the criminal justice system, where innocent individuals are sentenced to death based on flawed evidence and inadequate legal representation. The decision to sign execution warrants for condemned criminals in Nigeria is fraught with moral, legal and social implications. While there is a compelling case for justice, the risk of executing innocent individuals cannot be overlooked. It is imperative that we strive for a justice system that protects the innocent, holds offenders accountable and addresses the underlying issues contributing to crime.
Justice must not be compromised; those who kill must face the consequences of their actions, but we must also ensure that the system is fair and just for all. I have countless cases of wrongful convictions; Olaniyi Emiola, implicated in 1995, exonerated and granted amnesty on January 11, 2011, due to new evidence revealing the truth after 17 years.
Morufu Omobolanle, arrested on October 23, 1996, for armed robbery, sentenced to death on January 23, 2002. Our investigation revealed that Morufu had previously been wrongfully arrested in a separate incident. After 22 years of wrongful imprisonment, he was finally granted amnesty by the Ondo State Governor. Olusola Adepetu, a well-known traditional medical practitioner, arrested on November 27, 1990, for the death of his girlfriend, sentenced to death on August 7, 1992, largely due to public opinion. His appeal was denied by the Supreme Court.
However, after many years, we discovered a dissenting judgment that led to his exoneration. He was finally set free on October 16, 2016, after 26 years of wrongful imprisonment, again due to our intervention. Also, Lukman Adeyemi and Ismaila Lasisi: Recently, these two individuals were granted freedom by the Ogun State Board of Mercy after the real perpetrators claimed their innocence with the support of my team, we advocated for their release and they regained their freedom after 24 years of wrongful imprisonment. These are just a few examples and I wonder what would have happened if they were executed before their innocence was finally proved.
What concerns do you have about the judicial system?
My greatest fear lies in the way judges are sentencing innocent individuals to death without thorough reviews by higher courts. In one case involving a family accused of murder, all four members filed separate appeals, yet none were successful. It was disheartening to see that none of the judges reviewed the cases critically and they all concurred despite clear evidence of innocence. In another recent case in Osun State, a judge sentenced to death two brothers who were swapped by the police for monetary gain. Some of the judgments must be scrutinized.
The risk of executing innocent individuals is too great to ignore. Let parents give serious warning to their children; let pastors and imams include discussions about crime and its consequences in their sermons. We must ensure that justice is served fairly and that the lives of innocent people are protected.
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