IGUH, JSC (Delivering the Leading Judgment): Two vital issues of considerable importance arise for determination in this appeal.
The first issue relates to the validity or constitutionality of the death penalty as a form of punishment in relation to the capital offence of murder as prescribed under section 319(1) of the Criminal Code, Cap. 31, Laws of Lagos State of Nigeria, 1973. The question is whether the provisions of the said section 319(1) of the Criminal Code of Lagos State which prescribe the death penalty in relation to the offence of murder are not contrary to and inconsistent with section 31(1)(a) of the Constitution of the Federal Republic of Nigeria, 1979. Cap. 62. Laws of the Federation of Nigeria, 1990 and therefore unconstitutional, invalid, null and void and of no effect. The issue, therefore, questions the constitutional validity of the death penalty as the mandatory punishment for the offence of murder in Nigeria.
The second issue concerns the validity or otherwis…