Save 119 Nigerians on death row in Malaysia, prominent Nigerians tells Federal Government

Abike Dabiri-Erewa

Following a recent  Amnesty International (AI) report that 119 Nigerians are currently on the death row in Malaysia, some prominent  Nigerians on Friday pleaded with the federal government to wade in and save their lives.

The names of the Nigerians were not disclosed by AI although it said they were convicted mainly for drug related offences.

Former Science and Technology minister, Major General Sam Momah (rtd); Senior Advocate of Nigeria (SAN) Adeniyi Akintola; a former Vice Chairman of the Nigerian Bar Association, (NBA), Mr. Monday Ubani;a security expert, Ambassador Roy Oakhimien; and President of Ohanaeze Ndigbo Youth Council (OYC), Mazi Okechukwu Isiguzoro, said all necessary steps should be taken by government  to save the convicted Nigerians.

Malaysia has zero-tolerance for drug related offences with convicts getting the death sentence.

According to the AI, there are 1,290 inmates on the death row in 26 detention facilities across Malaysia.

Of this number, 568 are foreigners and Nigeria has the largest number-119.

General Momah said the execution of the 119 Nigerians would be a colossal loss and a bad omen for their fatherland.

“The government should intervene in the plight of those Nigerians. More importantly the government should restructure the country, let’s have new foundation,” he told The Nation.

He added: “There should be a high powered delegation sent to Malaysia to ensure that those that are not involved should be saved. That number is much that is an invasion.”

Although Chief Akintola admitted that the situation is tough, he said: “What Nigeria can do to save them is to use diplomacy because everybody in a country, including residents  and visitors, is expected to obey the laws of the land and the rules and regulations and the customs.”

Ambassador Roy Oakhimien said: “Malaysia is a sovereign nation; any Nigerian who goes there must abide by their rules and laws.

“What the Nigerian government should do is to send a delegation to go and ascertain the veracity of the charges against the Nigerians.

“You remember the case of the girl that was tried  (in Saudi Arabia)  only for investigation to find out that the drug was planted in her bag at the airport by a syndicate and which eventually led to her release and many airport officials were sacked.

“The Nigerian government should call for a review of the cases and thereafter those found to be culpable could then be punished.”

Former Vice Chairman of the Nigerian Bar Association, Monday Ubani, agreed with Akintola that ”diplomacy remains the only tool the country can use to rescue the citizens in Malaysia.”

The President of the Ohanaeze Ndigbo Youth Council (OYC), Mazi Okechukwu Isiguzoro, said: “The Ministry of Foreign Affairs, through the minister and the permanent secretary, should move with the speed of light and recue those Nigerians on the death row in Malaysia.

“The country should show more commitment to protecting and saving the lives of the citizens anywhere in the world. It is true that some of these people have done things that put them on the other side of the law but we should not   throw the baby away with the bath water.

Contacted last week on the matter, the chairperson of the Nigeria Diaspora Commission, Abike Dabiri-Erewa, said government would only act if it had details of the condemned Nigerians.

In its report, AI said: “Nigeria accounts for the highest number among foreign death row convicts, with about 119, amounting to 21 percent.”

The organization was silent on the identities of the convicts, stating that it was not part of its policy to make such information public.

It said: ”The considerable proportion of foreign nationals assumes even greater significance when considered along the gender divide. Of the 1,140 men on death row, (39%) were categorized as foreign nationals; while for women that increases to 86% (121).

“A significant 73% of all those under sentence of death have been convicted of drug trafficking under section 39(b) of the Dangerous of Drugs Act, 1952 – an extremely high figure for an offence that does not even meet the threshold of the ‘most serious crimes’ under international law and standards and for which the death penalty must not be imposed.

“A further 25% were convicted of murder and the remainder of offences related to use of firearms, robbery and waging war against the King or Ruler of a State, some of which are also non-lethal offences.”

On the distribution of the convicts, the report said: “17 prisons in peninsular Malaysia – where the industrial and financial centres of the country are located, as well as most international airports – held the great majority of people on  death row (1,139, or 89%), more than two-thirds of whom had been convicted of drug-related offences.

“A remaining nine facilities in East Malaysia accounted for only 11% of the national total, with the majority of these death row prisoners held for murder. Those under sentence of death in Malaysia were mostly men, 89% (or 1,140).

“The 141 women were held in nine facilities, with just 8 detained in East Malaysia. The facility with the largest number of people under sentence of death was the male division of Kajang prison, in Selangor state, with 19% of the national total.

“This was followed by Tapah prison in Perak state (9%) and Simpang Renggam prison in Johor state (8%)”

The AI faulted the criminal justice system in Malaysia and called for reform, particularly the abolition of death penalty, which it claimed violated international norms and standard.

It called for, among others, international pressure on Malaysia to reform its laws and criminal justice system.

To the international community, Amnesty International urged the provision of consular assistance to foreign nationals facing criminal charges in the country, including by ensuring that they are able to receive legal representation at all stages of the process and have adequate time and facilities to prepare their defence, including through interpretation.

“Raise concerns with the Malaysian authorities regarding the use of death penalty in the country and advocate for its full abolition and compliance with international law and standards in all cases.

“Provide technical support to the Malaysian authorities to assist them to improve the administration of justice in the country and to review legislation with a view to bringing it in line with international law and removing provisions that allow for the imposition of the death penalty for crimes other than intentional killing, pending full abolition.

“Ensure that any financial and technical assistance provided to the Malaysian authorities does not contribute, or carries a real risk of contributing, to the imposition of the death penalty.

“Any such cooperation, including training or technical advice, must be halted if used (or if there is a real risk of it being used), either directly or indirectly, to commit human rights abuses or violations.”

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