DEATH PENALTY FOR A LOAF OF BREAD? A REVIEW OF SECTION 1 (2) OF THE ROBBERY AND FIREARMS (SPECIAL PROVISIONS) ACT

Abstract

Death penalty is unarguably the most serious form of punishment available in Nigeria’s legal firmament for the treatment of criminal infractions of the law. It involves the officially sanctioned killing or execution of a person who has been found guilty of an offence for which the relevant law prescribes death as the penalty. Nigeria’s Robbery and Firearm (Special Provisions) Act provides in its section 1 (2), for mandatory death penalty for any person who violates the provision irrespective of the circumstances of the case. The provision, which has arguably accounted for more than sixty percent of death sentences imposed by Nigerian courts, provides a veritable cause for concern. This study adopted the doctrinal research design with reliance on the use of library-sourced materials and is qualitative in outlook. It involves reflection on the essence and qualities of law and legal terms, adopting a priori and analytical techniques with a view to expounding and dissecting the contending issues. This work highlighted the undesirable state of the law particularly as regards the extent to which it cheapens human life and recommended for the amendment of the law to exclude death penalty for a convict whose offence did not involve the deliberate killing of another person.