The crime was committed in Abuja and tried in a federal high court.

All convicted capital offenders get an automatic appeal which can be continued up to the Supreme court.

If all appeals are exhausted, the execution can only be carried out by an executive order by a duly elected governor which the FCT does not have. The minister of FCT is not constitutionality empowered to grant pardons or a prerogative of mercy. So if the minister can not grant pardons, he can not sign warrants either.
Who then will sign her death warrant as constitutionally mandated for executions?

This is the reason federal judges hardly pass death sentences. The case of kabirui sokoto who was responsible for over 200 deaths in the Abuja Nyanya bombings and Okah's Independence day lethal bombings saw only life sentences as both crimes were committed in Abuja and tried at an Abuja high court.

Only Governors can sign a warrant. Even the president doesn't have that responsibility although he can grant pardons or commutations to a life sentence.

The point I am making is that, the useless woman judge who passed this sentence is not aware of the intricacies surrounding death sentences within federal jurisprudence .

She is obviously from the same school as Tanko.

If in doubt, why did the FG hand Maj Mustapha and Gen Bamiyi to Lagos state for prosecution?

Even in the US, the FBI may decide to try someone in a state court rather than federal when looking for a death sentence. The only crimes that can lead to a death conviction in a US federal court is espionage and treason. Same rules apply in Nigeria.

I hope a some change happen this is not right

12Monkeys:
The crime was committed in Abuja and tried in a federal high court.

All convicted capital offenders get an automatic appeal which can be continued up to the Supreme court.

If all appeals are exhausted, the execution can only be carried out by an executive order by a duly elected governor which the FCT does not have. The minister of FCT is not constitutionality empowered to grant pardons or a prerogative of mercy. So if the minister can not grant pardons, he can not sign warrants either.
Who then will sign her death warrant as constitutionally mandated for executions?

This is the reason federal judges hardly pass death sentences. The case of kabirui sokoto who was responsible for over 200 deaths in the Abuja Nyanya bombings and Okah's Independence day lethal bombings saw only life sentences as both crimes were committed in Abuja and tried at an Abuja high court.

Only Governors can sign a warrant. Even the president doesn't have that responsibility although he can grant pardons or commutations to a life sentence.

The point I am making is that, the useless woman judge who passed this sentence is not aware of the intricacies surrounding death sentences within federal jurisprudence .

She is obviously from the same school as Tanko.

If in doubt, why did the FG hand Maj Mustapha and Gen Bamiyi to Lagos state for prosecution?

Even in the US, the FBI may decide to try someone in a state court rather than federal when looking for a death sentence. The only crimes that can lead to a death conviction in a US federal court is espionage and treason. Same rules apply in Nigeria.

This made a whole lot of sense

It could also be the judgement was just passed on paper......knowing fully well it will never be signed......but to pacify the other party involved......it's not my field thou......can't tell

Is high time the 1999 constitution is trashed and a better formulated constitution is created. .. we really need to stop this nonsense of admitting sharia court judges into our regular court. .. what is really wrong with this country for God's sake

Gen Abacha ordered the execution of Ogoni nine by hanging in 1995. In the year 2013, during democracy dispensation, four prisoners on death row were hanged. In 2016(most recent), three men were hanged because of murder and armed robbery. My point is that you are giving us false information. Thank you.

12Monkeys:
The crime was committed in Abuja and tried in a federal high court.

All convicted capital offenders get an automatic appeal which can be continued up to the Supreme court.

If all appeals are exhausted, the execution can only be carried out by an executive order by a duly elected governor which the FCT does not have. The minister of FCT is not constitutionality empowered to grant pardons or a prerogative of mercy. So if the minister can not grant pardons, he can not sign warrants either.
Who then will sign her death warrant as constitutionally mandated for executions?

This is the reason federal judges hardly pass death sentences. The case of kabirui sokoto who was responsible for over 200 deaths in the Abuja Nyanya bombings and Okah's Independence day lethal bombings saw only life sentences as both crimes were committed in Abuja and tried at an Abuja high court.

Only Governors can sign a warrant. Even the president doesn't have that responsibility although he can grant pardons or commutations to a life sentence.

The point I am making is that, the useless woman judge who passed this sentence is not aware of the intricacies surrounding death sentences within federal jurisprudence .

She is obviously from the same school as Tanko.

If in doubt, why did the FG hand Maj Mustapha and Gen Bamiyi to Lagos state for prosecution?

Even in the US, the FBI may decide to try someone in a state court rather than federal when looking for a death sentence. The only crimes that can lead to a death conviction in a US federal court is espionage and treason. Same rules apply in Nigeria.

Thank you for the insight, very intellectual. This is the kind of post we need on nairaland not those Tonto Dike/Bobby Risky stuffs we found on the front page sometimes.

But this your monika

12Monkeys:
The crime was committed in Abuja and tried in a federal high court.

All convicted capital offenders get an automatic appeal which can be continued up to the Supreme court.

If all appeals are exhausted, the execution can only be carried out by an executive order by a duly elected governor which the FCT does not have. The minister of FCT is not constitutionality empowered to grant pardons or a prerogative of mercy. So if the minister can not grant pardons, he can not sign warrants either.
Who then will sign her death warrant as constitutionally mandated for executions?

This is the reason federal judges hardly pass death sentences. The case of kabirui sokoto who was responsible for over 200 deaths in the Abuja Nyanya bombings and Okah's Independence day lethal bombings saw only life sentences as both crimes were committed in Abuja and tried at an Abuja high court.

Only Governors can sign a warrant. Even the president doesn't have that responsibility although he can grant pardons or commutations to a life sentence.

The point I am making is that, the useless woman judge who passed this sentence is not aware of the intricacies surrounding death sentences within federal jurisprudence .

She is obviously from the same school as Tanko.

If in doubt, why did the FG hand Maj Mustapha and Gen Bamiyi to Lagos state for prosecution?

Even in the US, the FBI may decide to try someone in a state court rather than federal when looking for a death sentence. The only crimes that can lead to a death conviction in a US federal court is espionage and treason. Same rules apply in Nigeria.

Nice post but please next time try and quote the exact provsions of the law so we don't have to have a back and forth.

AndroBlaze:


Nice post but please next time try and quote the exact provsions of the law so we don't have to have a back and forth.

That's the point. There are no provisions in the constitution that equates the duties and powers of the FCT minister to a governor.

ursullalinda:
It could also be the judgement was just passed on paper......knowing fully well it will never be signed......but to pacify the other party involved......it's not my field thou......can't tell

That's why all federal justices do not go all out and apply the full penalty on capital convictions.

They are aware of the constitutional loophole surrounding capital convictions in the FCT court .

A condemned inmate like Sanda can even challenge her death sentence conviction as cruel and unusual punishment citing that it won't be carried out and thus subjecting her to mental torture and anguish .

Randy100:
Gen Abacha ordered the execution of Ogoni nine by hanging in 1995. In the year 2013, during democracy dispensation, four prisoners on death row were hanged. In 2016(most recent), three men were hanged because of murder and armed robbery. My point is that you are giving us false information. Thank you.

Ogoni 9 were convicted by a Rivers high court and their death warrants signed by the military administrator .

Besides, do you want to compare a military dictatorship to a constitutional democracy?

Even the police men convicted for the Apo Killings only got a maximum life sentence .
I referenced Kabiru Sokoto - the Nyanya bomber- he was convicted on mass murder and terrorism but only got a life sentence .

12Monkeys:


That's why all federal justices do not go all out and apply the full penalty on capital appointments .

They are aware of the constitutional loophole surrounding capital convictions in the FCT court .

A condemned inmate like Sanda can even challenge her death sentence conviction as cruel and unusual punishment citing that it won't be carried out and thus subjecting her to mental torture and anguish .

The president as the commander in chief can sign such warrant in a case of proven murder or a capital offense thank you

kynbasil01:
Is high time the 1999 constitution is trashed and a better formulated constitution is created. .. we really need to stop this nonsense of admitting sharia court judges into our regular court. .. what is really wrong with this country for God's sake

Majority of federal benches are occupied by Northerners .

They start off at their respective state judiciary commissions where they enjoy rapid promotions and after 5yrs transfer to the federal ministry of Justice.

This is how 90% of federal judges are ab0kis.

Sammyl93:

The president as the commander in chief can sign such warrant in a case of proven murder or a capital offense thank you

No. The President does not have that power to sign death warrants.

This is why Obasanjo ordered that Mustapha and Bamiyi be rightly tried at a Lagos high court for the murder of Kudirat Abiola.

I remember how Oshiomole harassed then AGF Adoke at Aso Rock complaining of the none arraignment of some arrested political thugs for murder. Adoke reminded Oshiomole that it is now in his own govt's hands to arraign and try the suspects .

While federal high courts can entertain murder cases, in the case of the FCT, there is no constituted power to carry out a capital punishment .

Sharia judge

I wouldn't want to think the judge is oblivious of the extant laws/perculiar nature of the jurisdiction as regards death sentence. It was done to frighten the poor woman knowing full well that automatic appeal will do the right thing.
This would not be the first scenario in naija.

Nobody is arguing Sandra's punishment. She deserves the penalty but the fact remains that this Shari judge is oblivious to the lack of constitutional provisions to carry out the sentence and the process towards it.

By process I mean the automatic appeal process reserved for condemned inmates and the recourse to executive clemency or commutations to life sentences which the constitution does not grant the FCT minister.

This judge has no legal foresight as she couldn't see the lacuna that prevented federal judges sitting in Abuja from applying death sentences in the past.

MarrisManah:
I wouldn't want to think the judge is oblivious of the extant laws/perculiar nature of the jurisdiction as regards death sentence. It was done to frighten the poor woman knowing full well that automatic appeal will do the right thing.
This would not be the first scenario in naija.

So the judge acted on her primitive impulse to punish and torture.

Good grounds to throw away a death conviction in the appeal court.

Very sound legal points. 12monkeys are you a lawyer? I might need your contact.

I won't be surprised if it was the influence of Sharia that made them give such a hefty sentence.

javaRookie:
I won't be surprised if it was the influence of Sharia that made them give such a hefty sentence.

With a heavy dose of quota system and Abokinization policy

Below is what ACJA, 2015, provides:

413. (1) Where the President decides that the sentence should not be commuted or that the
convict should not be pardoned or reprieved, the order of the President shall be duly signed
by him and sealed as in one of the forms set out in the Fourth Schedule of this Act or as near
to it as circumstances permit.
Where pardon or reprieve is not
granted.

(2) The order of the President:
(a) shall state the place and time, where and when the execution is to be and give directions as to
the place of burial of the body; or

(b) may direct that the execution shall take place at such time and such place and the body of the
convict executed shall be buried at such place as shall be appointed by some officer specified
in the order.

(3) When the place or time of execution or the place of burial is appointed by some person
and is not stated in the order of the President, the specified officer shall endorse on the
order over his signature the place and time of execution and place of burial.

414. A copy of the order issued by the President shall be forwarded to the official in charge
of the prison in which the person sentenced is confined, and the official in charge of the
prison shall give effect to the order of execution...
The president can sign a warrant of Death given at the FCT

whats worst than Death Sentence? waiting endlessly to get killed

12Monkeys:


Ogoni 9 were convicted by a Rivers high court and their death warrants signed by the military administrator .

Besides, do you want to compare a military dictatorship to a constitutional democracy?

Even the police men convicted for the Apo Killings only got a maximum life sentence .
I referenced Kabiru Sokoto - the Nyanya bomber- he was convicted on mass murder and terrorism but only got a life sentence .

I ask, was kabiru sokoto sentence to die by hanging? If he wasn't sentence to die by hanging why are you comparing the two? It is the judge who determines the punishment that should be meted out to an offender following the constitution of Nigeria. Thank you.

12Monkeys:


No. The President does not have that power to sign death warrants.

This is why Obasanjo ordered that Mustapha and Bamiyi be rightly tried at a Lagos high court for the murder of Kudirat Abiola.

I remember how Oshiomole harassed then AGF Adoke at Aso Rock complaining of the none arraignment of some arrested political thugs for murder. Adoke reminded Oshiomole that it is now in his own govt's hands to arraign and try the suspects .

While federal high courts can entertain murder cases, in the case of the FCT, there is no constituted power to carry out a capital punishment .

The part in bold is completely false. Kudirat was murdered in Lagos. Consequently, the trial must happen within Lagos judicial jurisdiction.

You can also check the post of sachman above, the president can actually sign a death warrant according to the ACJA.

12Monkeys:


Majority of federal benches are occupied by Northerners .

They start off at their respective state judiciary commissions where they enjoy rapid promotions and after 5yrs transfer to the federal ministry of Justice.

This is how 90% of federal judges are ab0kis.

You are just another northen/ apc hater.the problem of nigeria is the people not the north alone.you cannot be from abia and be blaming northerners instead of ikpeazu.
Anyway,90% of federal judges are not aboki.the federal high court judges are evenly shared between the north and south in a figure of 56 44% since they have more states.in the appeal court,they are equal numbers of northern and southern judges so be guided.mind you,the most notorious judges known for giving ridiculous rulings are justices inyang and okon abang

He should review his Library...There are Enactments which you ought to study sir...The ACJA was enacted 2015 which gave the president powers to sign and pardon where the offence is committed anywhere in Nigeria...He made comments on cases before 2015

12Monkeys:


So the judge acted on her primitive impulse to punish and torture.

Good grounds to throw away a death conviction in the appeal court.

So for murder,maryam sanda should be treated with levity