There has been a controversy and varying debates, nationally and globally on the issue of the death penalty. While some argue for its retention, others argue for its abolition. This uncertainty in the minds of our Jurists has in turn resulted to an uncertainty in our criminal Justice system and hence has created a strain on the quality of Justice obtainable. Until a consensus is reached, this issue will continue to be a barrier to the uniformity on the administration of Justice in the Nigerian legal system
This long essay seeks to answer-the following questions such as:
What is death penalty?
How is death penalty fundamental under the Nigeria legal system?
Has the death penalty any use in Nigeria?
Are there other forms of punishment in Nigeria?
What are the different views on this concept?
Objectives of the Study
This long essay is a comprehensive and analytical one which seeks to achieve the following:
To critically analyze the concept of death penalty.
To critically analyse the fundamentality of death penalty under Nigerian legal system.
To determine the usefulness of death penalty in Nigeria.
To establish other forms of punishment under Nigeria criminal legal system.
To explain the different school of thought on the concept death penalty
This long easy will be based on doctrinal methodology. The secondary source of law such as text books and journal written by various legal authors and scholars will be heavily relied upon; while the primary sources of law will come in handy from time to time.
Also, reference material, such as newspapers, magazine, periodicals and dictionary will be used also in the course of this work.
More so, the invaluable wealth of information on the internet will be greatly exploited for the success of this work as most legal authors now upload their written works on the internet and make same accessible to all.
Significance of the Study
The death penalty is a concept which cannot be undetermined in the Criminal Justice System of the Nigerian Jurisprudence. This long essay has therefore, been embarked upon to contribute to already existing ideas on the death penalty issue in the following ways.
Secondly, this study will also bring to the limelight the divergent views of legal scholars and authors, held both globally and under the Nigeria legal system on the issue of the death penalty whether it should be abolished or retained in the various Criminal Justice System.
This study will also bring to the fore, the various demerits and merits of the death penalty.
Scope of the Study of Death Penalty
The subject matter of this long essay basically concerns the death penalty and its administration under the Nigerian Criminal Justice system. However, other aspects of the law may be referred to from time to time for a better analysis of and understanding of the concept.
The geographical scope of study on the other hand will be the country Nigeria. Though, reference may be made of other countries from time to time where necessary.
Limitation of the Study
This long essay, though important to the growth of our legal system and essential for degree award purpose, the success of this work will be greatly hampered by the following factors.
Firstly, and the most challenging is the semester work currently going on as it poses a great hindrance to the speedy completion of this work. This is because lectures and the long essay cannot be effectively combined. A greater concentration on one will make the other suffer.
Another hindrance to the success of this work is the unavailability of time.
The third factor which militated against the early completion of the work is the financial cost of putting the work is the financial cost of putting the work together which ranges from accessing the internet purchasing relevant materials to the typing and printing of the work.