Stakeholders Oppose Mandatory Death Penalty for Kidnapping in Senate Terrorism Bill Amendment

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Leading justice, security, and human rights stakeholders in Nigeria have strongly opposed a Senate bill seeking to classify kidnapping as terrorism and impose a mandatory death penalty, warning that such measures could be counterproductive, undermine international cooperation, and breach rights standards.

The objections were raised during a public hearing convened by the Senate Joint Committees on Judiciary, Human Rights and Legal Matters; National Security and Intelligence; and Interior on proposed amendments to the Terrorism (Prevention and Prohibition) Act.

Attorney-General Lateef Fagbemi (SAN) argued that capital punishment would not deter kidnappers and could even create a “martyrdom effect” in ideologically driven cases, where executions serve to validate rather than punish offenders. He pointed to practical barriers such as governors’ reluctance to sign death warrants, prison congestion, risks of radicalization, and extradition refusals from countries opposed to the death penalty. “Emotionally appealing but strategically counterproductive,” Fagbemi said, urging lawmakers to avoid measures that might allow high-profile offenders to evade justice.

The National Human Rights Commission (NHRC) demanded mandatory human rights impact assessments, stressing that the bill raises “serious constitutional, legal, and policy issues” that breach international standards.

The Nigerian Bar Association (NBA) recommended that kidnapping be classified as terrorism only in cases involving organized networks or clear intent to intimidate the public or government, proposing instead discretionary sentences such as life imprisonment and graduated penalties based on severity, role, and outcome.

Other institutions, 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), echoed similar reservations.

The committees assured stakeholders that all submissions would be thoroughly reviewed. While the bill responds to surging kidnappings nationwide, critics insist that nuanced, rights-compliant approaches are more effective than blanket capital punishment provisions.

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