June 26, 2013: Legal Defence and Assistance Project - LEDAP and Human Rights, Social Development and Environmental Foundation - HURSDEF today 26th of June, 2013 filed a suit at the Federal High Court Abuja Division (Suit No. FHC/ABJ/CS/453/13) against the Hon. Attorney General of Federation and Comptroller General of Prisons to forestall the imminent execution of Thankgod Ebhos, the 5th death row inmate earmarked for execution in Benin, without a right of appeal.
June 26, 2013: Legal Defence and Assistance Project - LEDAP and Human Rights, Social Development and Environmental Foundation - HURSDEF today 26th of June, 2013 filed a suit at the Federal High Court Abuja Division (Suit No. FHC/ABJ/CS/453/13) against the Hon. Attorney General of Federation and Comptroller General of Prisons to forestall the imminent execution of Thankgod Ebhos, the 5th death row inmate earmarked for execution in Benin, without a right of appeal.
In the suit, LEDAP and HURSDEF contend that to execute Thankgod Ebhos without a right of appeal in his case contravenes the constitution of the Federal Republic of Nigeria and the African Charter on Human and Peoples' Rights. The provisions of section 11(4) of the Robbery and Firearms Act under which he was sentenced does not allow for an appeal against a judgment of the military tribunal. Thankgod Ebhos has been in prison since 1988 following his arrest and is presently being held in Benin Prison, Benin City, Edo State. He was convicted for armed robbery and sentenced to death by military tribunal on 30th May, 1995 in Charge No. KB/ART/4/1990 by Hon. Justice J. S. Abiriye in Kaduna.
Furthermore, LEDAP submitted a communication to the African Commission requesting the chairman's interim measures to forestall the execution of Thankgod Ebhos or any other death row inmate in Nigeria pending the determination its earlier communication to the Commission (Comm. No. 452/13) on behalf of all death row inmates in Nigeria sentenced under mandatory death penalty provision in Nigeria, and also pending the outcome of the suit filed at the Federal High Court Abuja challenging the planned and imminent execution of Thankgod Ebhos without a right of appeal.
LEDAP states authoritatively that Thankgod Ebhos has a constitutional right to appeal against his conviction and sentence. Therefore the legislative usurpation of his right of appeal under section 11(4) of the Robbery and Firearms Act is unconstitutional. Any execution of the sentence of death passed on him by the military tribunal will be unlawful and further undermine the respect to the rule of law in Nigeria.
Chino Obiagwu, National Coordinator – LEDAP
Justine Ijeomah, Executive Director-HURSDEF
[email protected]
+2348037733513
googletag.cmd.push(function() { googletag.display('comments'); });
googletag.cmd.push(function() { googletag.display('content1'); });
googletag.cmd.push(function() { googletag.display('content2'); });