LEDAP condemns today's execution of 4 death row prisoners; Chima Ejiofor, Daniel Nsofor, Osarenmwinda Aiguokhan and Richard Igagu in Edo State despite their pending appeals at the court of appeal. The AG of Edo State and the prison authorities were duly served with the court processes comprising the notice of appeal and motion for stay of execution.
Under the Nigerian laws, an appeal and application for stay of execution should restrain further action until the appeal is determined. By executing the prisoners, Nigeria government has demonstrated gross disregard to the rule of law and respect for the judicial process.
It will be recalled that Legal Defence and Assistance Project - LEDAP and Human Rights, Social Development and Environmental Foundation - HURSDEF on the 19th of October, 2012 filed a suit at the Federal High Court Benin Division, on behalf of death row prisoners earmarked for execution by Edo State Government. In the suit, the death row prisoners in the suit contends that to execute them after over 16 years of trauma, suspense and imminent death would amount to cruel, inhuman and degrading treatment. The prisoners further asked the court to order the Edo State Governor to commute their death sentences to terms of imprisonment. However, judgment was delivered today against the inmates by Hon Justice Liman of the Federal High Court Benin, holding among other grounds, that the prisoners did not place sufficient facts before the court to substantiate the relief sought in the suit.
LEDAP filed an appeal against the judgment of the Federal High Court delivered today and also a motion for stay of execution pending the outcome of the appeal and served the Notice of Appeal with the Motion for stay of execution on the Attorney General of Edo State and prison authorities in Edo State. Furthermore, all death row prisoners filed a case pending at the Court of Appeal Lagos challenging the decision of state governors to sign their execution warrants (Godwin Pius & Ors vs. Governor of Abia State & Ors).
Both appeals are pending at the Court of Appeal and the Edo State Governor and Comptroller General of Prisons are parties in both appeals. LEDAP is representing the prisoners in both appeal and also a party to the appeal in Edo State.
LEDAP condemns the execution of the four inmates despite the pendency of the appeal and motion for stay of execution filed by the inmates. Execution of the inmates while their appeal is pending is unlawful and amounts to a total disregard to the rule of law and judicial process in any democratic system.
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