The debates and controversies on the application of death penalty in Nigeria are ongoing. The scope of the application of death penalty has recently been expanded in some Nigerian states to cover cattle rustling and cultism. This article explores the law and practice of death penalty in Nigeria. The analysis addresses the nature, weakness, ineffectiveness, discriminatory and arbitrariness of the Nigerian criminal justice system and in particular, paying attention to how death penalty is being applied to non heinous crimes in Nigeria in defiance to Nigerian obligations under the international legal regime. The findings of this article reveal that the application and pronouncement of death penalty had dwindled across the globe because people have recognized that innocent people remain on death row across the globe. Death penalty is on the decline and a significant reduction in execution is noted. In Sub Saharan Africa, more than a few countries have either abolished death penalty or put an end to the mandatory application of death penalty. After a critical analysis of the Nigerian legislative framework, case law and the administration of the criminal justice system in Nigeria, this article calls for the abolition of the death penalty in Nigeria because of its injustices against the lowly and the poor, arbitrariness, continuing expanded scope and irreversibility.