Section 33 of the Nigerian Constitution allows a person the right to his life except in the execution of a death sentence. Where a person has been convicted for a capital crime in Nigeria, there are certain actions done by judges which though are not prescribed by law, but nonetheless have symbolic meanings. In this article, we would consider two symbolic things judges do while giving a death sentence. They are:

1. Breaking of the nib of their pen

The act of judges breaking the nib of their pen can be traced back to British history. The rationale behind the breaking of the nib was majorly done by convention, and not because of any prescribed law which made it compulsory. Various theories have emanated from this act done by judges, and one of them is that a pen used to sign a person’s life away cannot be used to do that ever again.

Another theory relates the breaking of the pen nib to the judges having no power to review or revoke a judgement which he has passed.

2. Using the phrase “May God have mercy on your soul”

This phrase was said to originate from the Beth din courts in Israel as a way of attributing God as the highest authority in law. Although it was formerly intended to be a prayer for the soul of the person about to be condemned, it is now seen as a way of judges letting the accused know that he was guilty, and that the rest of his punishment was for God to give.