The Federal High Court in Enugu has delivered a landmark ruling in a public interest case, declaring that mandatory death sentences deprive courts of their sentencing discretion. Justice MT Segun-Bello presided over the case, which challenged the constitutionality of mandatory death penalty provisions in Nigerian laws.
Case Background
The suit, numbered FHC/EN/CS/212/2024, was brought by Joy Nnani and Angela Uwandu-Iwuchukwu, the Country Director of Avocats Sans Frontières France (Lawyers Without Borders). The applicants argued that mandatory death sentences violate the principle of judicial discretion, which is fundamental to fair sentencing.
Court's Decision
In her ruling, Justice Segun-Bello granted the first relief, declaring that statutory provisions imposing a mandatory death sentence, without allowing judicial discretion, are unconstitutional as they strip judges of their sentencing authority. The court noted that global trends in jurisdictions such as South Africa, Lesotho, the United States, India, China, and Europe have moved toward mitigating the death penalty. In Nigeria, however, judicial discretion remains restricted by statute and the doctrine of stare decisis.
However, the court declined to grant the second and third reliefs, which sought orders compelling the Executive and Legislative arms to amend the affected laws. The court held that such directives fall within the purview of those branches of government and cannot be imposed by judicial order.
Implications for Criminal Justice Reform
Counsel for the applicants described the judgment as a significant step in the ongoing constitutional debate on criminal justice reform, judicial discretion, and sentencing practices in Nigeria. The decision is expected to fuel wider discussions on mandatory sentencing provisions within Nigeria's constitutional democracy and rule of law framework.
The applicants urged the Executive and Legislative arms to take action to ensure courts can exercise discretion in sentencing, including the commutation of death sentences. The court emphasized that until such reforms are enacted, Nigerian courts will remain constrained in their sentencing powers.
