sachman:
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

Dont mind that guy,he's a poorly informed tribalist out to taint the north

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.

May be you know more than the learned judge, the case of Mustapha u mentioned: the crime was committed in Lagos. If I may ask where was Kudirat Abiola assainated?
Pls we stop misleading people. Sure the lady on question would exhaust all the legal means available, appeal court to Supreme Court which is final and apex court.

sachman:
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

Thank you for clearing this up properly.

[s]

solmusdesigns:
whats worst than Death Sentence? waiting endlessly to get killed

[/s]

Death sentence in nigeria is like life sentence.
Rarely you see any criminal hanged these days.

Hence the judgement against the young woman was to teach others lesson not to go along her path.
If you kill your husband, you also go die by hanging.

.

.

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 .

Kabiru was tried in the Federal High Court while Maryma was tried in The High Court of the FCT. There is a difference between these two courts.
The High Court has exclusive jurisdiction to try murder cases.The Federal High court doesnt have jurisdiction over murder cases.Kabiru was charged with Terrorism and not Murder.Thank me later.