When talking about Edo State Governor, I wrote that a Governor like Monday Okpebolo does not have the power to sign a death warrant over a convicted criminal under death sentence, until he exhausts his appeal, but most of you didn’t understand.

Maybe I should briefly explain what happened in a very popular case that almost all lawyers know and have used one way or the other before now.

Sometime in 1980, Oyo State arrested one man called Nasiru Bello over the offence of robbery.

Bello was tried at the Oyo State High Court in line with Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act 1970.

At the end of the trial, Bello was found guilty of committing the offences of robbery and bearing firearms.

Consequently, he was sentenced to death by firing squad by the Oyo State High Court.

The judgment came as a huge shock to Bello, but he refused to give up.

Determined to fight for his life, he exercised his constitutional right and appealed to the Court of Appeal.

However, while his appeal was still pending before the Court of Appeal, something extraordinary happened.

The then Attorney General of Oyo State forwarded Bello’s case file to the Governor of Oyo State, Chief Bola Ige, for his death warrant to be signed.

The warrant was eventually signed.

Then, on September 5, 1981, Nasiru Bello was taken to a firing squad and executed.

But the drama was far from over.

When Bello’s case eventually came up before the Court of Appeal for hearing, the Oyo State Government informed the court that Bello had already been executed.

The announcement sent shockwaves through the legal community.

Both the Court of Appeal and the Supreme Court heavily criticized the Oyo State Government for acting carelessly and unconstitutionally, even though there was nothing anyone could do at that stage because Bello had already been put to death.

The matter did not end there.

Later, Bello’s family instituted an action against the Oyo State Government for unlawfully taking the life of their breadwinner.

The Supreme Court allowed their claim and granted their request.

More importantly, the Supreme Court laid down a principle that remains the law till today.

The apex court held that once a convict who is under a sentence of death files an appeal, no one, whether a public or private official, has the right to take his life until he has been finally condemned by the Supreme Court.

The law still run its full strength till today, that the right of appeal must run its full course before the life of a condemned person can be taken.

I am Ekene Aninze Esq.

This story was first published on Facebook.