Senate’s Death Penalty Proposal for Kidnapping Faces Strong Opposition
The Senate’s move to classify kidnapping and related offences as terrorism and prescribe the mandatory death penalty has encountered significant resistance from key legal and human rights stakeholders.
At a public hearing convened by the Senate Committees on Judiciary, Human Rights and Legal Matters, chaired by Senator Adeniyi Adegbomire, SAN (APC, Ondo Central), the Attorney‑General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, rejected the proposal, warning that capital punishment would neither deter kidnapping nor strengthen national security.
Fagbemi cautioned that: executions could create a “martyrdom effect” in cases linked to extremist ideologies, the death penalty risks undermining international cooperation, as many countries refuse extradition where capital punishment is involved and Nigeria already faces systemic challenges with capital punishment, including governors’ reluctance to sign execution warrants, prison congestion, and risks of radicalisation within correctional facilities.
He stressed that while the National Assembly’s determination to combat terrorism and violent crime is commendable, emotionally appealing measures must not override strategic effectiveness.
National Human Rights Commission (NHRC) insisted that all legislation must undergo a human rights impact assessment before passage, warning that the Bill raises serious constitutional, legal, and policy concerns.
Nigerian Bar Association (NBA) recommended a measured approach, suggesting that kidnapping be classified as terrorism only where linked to organised criminal or terrorist networks. The NBA opposed a mandatory death penalty, advocating instead for discretionary sentencing, life imprisonment, and graduated penalties.
Other institutions including the NFIU, Nigerian Law Reform Commission, FIDA, and DSS also raised reservations, citing risks of wrongful convictions and policy inconsistencies.
Former UN Human Rights Envoy, Professor Uchenna Emelonye, described the hearing as a pivotal moment in Nigeria’s legislative discourse. He argued that: expanding capital punishment will not stop kidnapping, Nigeria’s kidnapping crisis stems from systemic weaknesses in policing, investigation, prosecution, and justice administration, compounded by small arms proliferation, porous borders, poor intelligence coordination, and socio‑economic vulnerabilities and the proposal risks irreversible miscarriages of justice in a system already prone to investigative gaps.
Emelonye emphasised that effective solutions lie in institutional reforms, intelligence‑led policing, improved prosecutions, border security, arms control, and victim‑centred justice, not harsher penalties.
The Senate committees assured stakeholders that all submissions would be carefully reviewed and incorporated into their report as deliberations on the Bill continue.
