Stakeholders Oppose Death Penalty For Kidnapping

Stakeholders in the justice, security and human rights groups have opposed a proposal before the Senate seeking to impose the death penalty for kidnapping.

The Senate had, a few weeks ago, sought to classify the offence as an act of terrorism and mulled the death penalty for offenders.

But at a joint public hearing, organised by multiple Senate committees, opposition to the death penalty took the centre theme, with concerned stakeholders raising the flag.

Led by the Attorney General and Minister of Justice, Lateef Fagbemi, SAN, warned that capital punishment would not serve as a deterrent to kidnapping and could worsen the country’s security challenges.

Fagbemi argued that the death penalty could create a “martyrdom effect,” particularly in cases linked to extremist ideologies, where executions may be perceived as validation rather than punishment.

“While we share the National Assembly’s resolve to eliminate terrorism and violent crime, we must avoid measures that are emotionally appealing but strategically counterproductive,” the AGF said.

He also cautioned that the proposal could undermine international cooperation, noting that many countries are unwilling to extradite suspects who may face the death penalty, potentially allowing high-profile offenders to evade prosecution.

Fagbemi further highlighted Nigeria’s difficulties in implementing capital punishment, including governors’ reluctance to sign death warrants, overcrowded correctional facilities and the risk of radicalisation within prisons.

The National Human Rights Commission (NHRC) also opposed the Bill, calling for a mandatory human rights impact assessment for all legislation prior to passage.

While acknowledging the lawmakers’ concerns over rising cases of kidnapping and violent crime, the Commission said the proposal raised “serious constitutional, legal and policy concerns” and could conflict with internationally recognised human rights standards.

Also, the Nigerian Bar Association (NBA) urged the Senate to adopt a more measured approach, suggesting that kidnapping should only be classified as terrorism in cases involving organised criminal or terrorist networks, or where there is clear intent to intimidate the public or coerce the government.

The Association recommended replacing the mandatory death penalty with discretionary sentencing, including life imprisonment, and introducing graduated penalties that reflect the gravity of harm, the offender’s role and the outcome of the crime.

Other bodies, including the Nigerian Financial Intelligence Unit (NFIU), the Nigerian Law Reform Commission, the Federation of Women Lawyers (FIDA) and the Department of State Services (DSS), similarly expressed reservations about the death penalty.

Former United Nations Human Rights Envoy and Professor of Human Rights Law at Bournemouth University, Prof. Uchenna Emelonye, described the submissions at the hearing as a critical moment in Nigeria’s legislative process.

“Expanding the death penalty will not stop kidnapping,” Emelonye said, stressing the need for institutional reforms, intelligence-led policing, effective prosecutions, improved border security, arms control and victim-centred justice.

He warned that broadening the scope of capital punishment in a criminal justice system prone to investigative gaps increases the risk of wrongful convictions without delivering meaningful security gains.

The Senate committees assured stakeholders that all submissions would be carefully reviewed and reflected in their report as deliberations on the Bill continued.

The committees involved in the hearing were Judiciary, Human Rights and Legal Matters; National Security and Intelligence; and that of Interior.

The bill is seeking far reaching amendment to the Terrorism (Prevention and Prohibition) Act and the Senate and the House of Representatives had agreed on the proposed death penalty for offenders.