Thirty-seven inmates sentenced to death in Bauchi State remain on death row without execution, as state governors continue to withhold approval for capital punishment.

The Nigerian Correctional Service (NCoS), Bauchi State Command, confirmed that the condemned inmates—36 men and one woman—are awaiting execution following court judgments. The state’s NCoS spokesperson, Ahmed Tata, told the News Agency of Nigeria (NAN) that no democratically elected governor in the state has signed a death warrant since the return to civilian rule in 1999.

Tata said only military-era governors may have exercised the power to sign death warrants, a function now vested in civilian governors under Nigeria’s constitutional framework.

Reacting to the situation, legal practitioner Jubrin S. Jubrin said the inaction undermines the judicial process. “The governors must make sure that once the court has sentenced somebody to death and he has exhausted the chances of appeal, the sentence should be executed,” he said.

Jubrin, however, acknowledged that geography and cultural considerations may influence a state’s approach to enforcing death sentences. He also emphasised the legal advisory role of Attorneys General, who are expected to guide governors on such matters. “We need to know, are there very many? If there are many, probably it would have raised a concern as to why are we keeping as much as the number of people awaiting execution?” he added.

Garba Jinjiri, Chairman of the Network for Civil Society Organisations in Bauchi, attributed the governors’ reluctance to the irreversible nature of executions. “If a mistake is later discovered, like a wrongful conviction, it cannot be corrected after execution,” he said. He also pointed out that some death row inmates might still have appeals pending and noted that personal beliefs about the sanctity of life may shape governors’ decisions.

Jinjiri added that fears of public backlash could influence governors to avoid signing death warrants, especially in light of anticipated criticism from human rights groups and the public.

Dr. Muhammad Reza, a Jigawa-based political analyst, argued that Nigeria’s democratic system has indirectly impeded the use of capital punishment. He said the Constitution places the responsibility for final approval in the hands of governors and the president, who may be hesitant due to international scrutiny. “What they fail to realise is that this reluctance has contributed to a steady rise in criminality across the country since 1999,” Reza said, calling for a national review of capital punishment laws.

Lawyer Hassan Muhammed echoed concerns over the complexity of the process. He said Section 212 of the 1999 Constitution gives governors the power to either commute or confirm death sentences. However, he noted that this provision also places a significant moral and legal burden on individual governors. “Nigeria’s legal system is often criticised for delays, weak investigation procedures, and lack of access to quality legal representation. Wrongful convictions are indeed a real risk,” he said.

Muhammed added that such risks have human rights implications, especially since Nigeria is a signatory to several international treaties that oppose the death penalty.

Similarly, Yusuf Abubakar said growing opposition to capital punishment from civil society groups has made governors more cautious. “Signing a death warrant is politically sensitive. Governors might face backlash from human rights groups, religious bodies, or political opponents,” he said. He noted that many governors avoid making such decisions during their time in office, leaving condemned prisoners in legal uncertainty.

Abubakar further explained that Nigeria’s religious context plays a role in shaping governors’ attitudes. “A governor who is morally or religiously opposed to capital punishment may decline to sign death warrants, regardless of the law,” he said.

While the death penalty remains legal in Nigeria, observers argue that a combination of legal ambiguity, ethical reservations, political caution, and administrative bottlenecks has created a de facto moratorium. This has resulted in thousands of inmates across the country remaining on death row without a clear path forward.