Convicts on death row in Niger and Kogi states have yet to be executed due to pending appeals and concerns over possible miscarriages of justice, according to officials and legal experts.

A special survey conducted by the News Agency of Nigeria (NAN) on Wednesday revealed that many of the death row inmates in the two states still have their cases pending at the Court of Appeal or the Supreme Court, making execution legally and ethically challenging.

The Commissioner for Justice and Attorney General of Niger State, Malam Nasiru Mua’zu, said a significant majority of convicted individuals have lodged appeals against their sentences.

 “In Niger, 85 per cent of the 100 per cent of those sentenced to death are on appeal,” Mua’zu stated.

He explained that the appeal process in death sentence cases is lengthy and complex, often spanning 10 to 20 years, as it involves multiple legal stages. As a result, governors have refrained from signing death warrants, choosing instead to await final verdicts.

 “This is the primary reason for the delays. Most convicts on death row in the state are still awaiting the outcome of their appeals,” he added.

Similarly, Governor Ahmed Ododo of Kogi State, speaking through the state’s Attorney General and Commissioner for Justice, Muiz Yinus-Abdullahi, expressed caution over authorizing executions.

Ododo said the risk of wrongful convictions and irreversible errors is too high to ignore, noting that there have been instances where individuals sentenced to death were later found to be innocent.

 “It is safer and wiser not to rush into signing death warrants. After several years, some inmates on death row have been exonerated. So, waiting is a more prudent option,” Yinus-Abdullahi said.

He also noted that since Nigeria's return to democracy in 1999, no state governor has signed a death warrant, contrasting the current stance with that of the military era, when such executions were more common.

 “These death row inmates are citizens of Kogi. As the chief custodian of the people, it would be awkward to sign off on their death rather than protect their well-being — even with the gravity of their crimes,” he added.

The Kogi Attorney General further recommended that the Federal Government consider amending the Criminal Justice Act or the Constitution to convert death sentences to life imprisonment, citing evolving standards in criminal justice and human rights.