Timileyin Ajayi: What happens next when a person is sentenced to death in Nigeria?

The sentencing of Oluwatimileyin Ajayi to death by hanging for the murder of NYSC member Salome Adaidu has sparked nationwide discussions not only about justice but also about what follows after such a sentence is handed down by a court. In Nigeria, a death sentence is not the end of the road for a convict. Instead, it marks the beginning of another critical legal journey involving appeals, reviews, and potential executive intervention.

Immediate Next Step: Filing an Appeal

Once a person is sentenced to death in a State High Court, the law provides a window for the convict to file an appeal. In most cases, the defendant has 90 days from the date of the judgment to appeal the decision at the Court of Appeal. This appeal may challenge the judgment on several grounds: the credibility of evidence, improper application of the law, procedural flaws, or violation of the convict’s fundamental rights.

For example, Timileyin Ajayi’s legal counsel has indicated that they would explore appeal options, which is within his constitutional rights. If the appeal is filed within the time frame and properly argued, the Court of Appeal can either uphold the lower court’s judgment, reverse it, or order a retrial.

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Appeal to the Supreme Court

If the appeal at the Court of Appeal fails and the conviction is upheld, the convict may then proceed to the Supreme Court, which is the highest court in Nigeria. The Supreme Court serves as the final arbiter on criminal matters, including capital punishment cases.

The process of appealing to the Supreme Court is both technical and rigorous. It requires the appellant’s legal team to prove not just legal inconsistencies but also significant miscarriage of justice. If the Supreme Court upholds the sentence, the legal options become even narrower.

Clemency and Prerogative of Mercy

Even after the Supreme Court upholds a death sentence, the convict may still seek clemency through the Prerogative of Mercy granted by the Nigerian Constitution. According to Section 212 of the 1999 Constitution, the Governor of a State—acting on the advice of the Advisory Council on Prerogative of Mercy—can grant pardon, commute a death sentence to life imprisonment, or suspend the sentence.

At the federal level, the President has the same power under Section 175 of the Constitution for offenses under federal jurisdiction. Clemency is typically considered in cases involving strong evidence of reform, humanitarian grounds, or doubts about the conviction.

Role of the Committee on the Prerogative of Mercy

This advisory body plays a crucial role in reviewing appeals for clemency. It examines the convict’s prison record, medical condition, conduct since conviction, and any compelling new evidence. Though the governor or president is not bound by the committee’s advice, it serves as a guide in sensitive decisions involving life and death.

In some states, death-row inmates have had their sentences commuted to life imprisonment after spending over a decade in prison, especially in cases involving delays in carrying out executions due to national or international human rights pressure.

The Reality: Delay and Death Row Syndrome

In practice, executions are rarely carried out promptly in Nigeria. Many death-row inmates remain in prison for years—sometimes decades—without execution. This is partly due to administrative delays, governors’ reluctance to sign death warrants, and legal backlogs. This phenomenon is known as “Death Row Syndrome”, and it has drawn criticism from human rights organizations like Amnesty International, who describe it as psychological torture.

Some states, such as Lagos and Rivers, have in the past declared intentions to resume executions but often backtrack due to public outcry or political sensitivity.

Final Execution Process

If all appeals are exhausted and no clemency is granted, the convict’s name is submitted to the governor or president for approval of the death warrant. Once signed, the execution is scheduled—typically by hanging, although firing squad is also allowed under certain military statutes. However, many Nigerian states have abstained from carrying out executions for years due to evolving global human rights norms.

Summary: Legal Options After a Death Sentence

1. Appeal to the Court of Appeal within the constitutional window.
2. Further appeal to the Supreme Court if the Court of Appeal upholds the sentence.
3. Apply for clemency under the Prerogative of Mercy.
4. Await action on a death warrant—often delayed or indefinitely suspended.