Senior Advocate of Nigeria, Oyetola Muyiwa Atoyebi, SAN, FCIArb (U.K.), Notary Public, has published a thought-provoking legal article titled “Balancing Justice and Human Rights: The Legal Debate Surrounding the Abolition of the Death Penalty in Nigeria.”
In the publication, Atoyebi examines one of the most controversial issues in criminal justice, highlighting the delicate balance between the administration of justice, public safety, and the protection of fundamental human rights.
The article explores the historical development and legal framework of capital punishment in Nigeria, analysing its constitutional, statutory, and judicial foundations.
It also considers the competing arguments surrounding the retention or abolition of the death penalty, including deterrence, retributive justice, due process, the constitutional right to life, and Nigeria’s obligations under international human rights law.
While acknowledging the concerns raised by opponents of capital punishment, Atoyebi concludes that the death penalty should remain available for the most egregious offences, provided it is applied with the highest level of judicial scrutiny and only where guilt has been established beyond reasonable doubt.
The publication bears the enduring legal maxim: Fiat justitia ruat caelum
(Let justice be done though the heavens fall.)
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