LEDAP and HURSDEF Sue To Forestall The Imminent Execution Of The 5th Death Row Inmate In Benin

Legal Defence and Assistance Project - LEDAP andHuman 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
justineijeomah@gmail.com
+2348037733513