Critical Analysis of Abolition of Death Penalty in International Law: An Analysis of Death Penalty under the United States and Nigerian Laws

Abstract

The death penalty has been an issue of debate for decades and several reasons have been given that make recourse to the death penalty appears necessary, such as, that it serves as a deterrent, it meets the need for retribution and that of public opinion demands its imposition. Conversely, more convincing arguments have been raised for its abolition, amongst which is the argument that it is a violation of human rights. Africa is seen as one of the “death penalty regions” in the world, as most African states still retain the death penalty despite the growing international human rights standards and trends towards its abolition. Further, the African Charter on Human and People’s Rights makes no mention of the death penalty. The death penalty in Africa is therefore an issue that one has to be particularly concerned about. During the 36^th Ordinary Session in 2004 of the African Commission on Human and People’s Rights, for the first time, the death penalty was one of the issues discussed by the Commission. This article examines the death penalty in some states especially the United States and Nigeria and concludes that joining the international trend for the abolition of the death penalty ought to be universal, considering that the justificat ions for the retention of death penalty are fundamentally flawed, and that alternatives to the death penalty exist. It concluded with a number of recommendations geared towards the abolition of the death penalty in Africa.