Attorney-General of the Federation, AGF and Minister of Justice, Lateef Fagbemi (SAN), on Thursday led major justice, security and human rights stakeholders to kick against the proposal before the Senate seeking to impose the death penalty for kidnapping by classifying the offence as an act of terrorism.
The action took place at a public hearing organised by the Senate Joint Committees on Judiciary, Human Rights and Legal Matters; National Security and Intelligence; and Interior on a Bill to amend the Terrorism (Prevention and Prohibition) Act.
The proposed amendment seeks to designate kidnapping, hostage-taking and related offences as terrorism and to prescribe the death penalty without an option of fine or alternative sentence.
Specifically, the AGF warned that capital punishment would not deter kidnapping and could, in fact, worsen Nigeria’s security challenges.
According to Fagbemi, the inclusion of the death penalty risks creating a “martyrdom effect”, especially in cases linked to extremist ideologies, where executions are viewed as validation rather than punishment.
“While we share the National Assembly’s determination 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 weaken international cooperation, noting that many countries would refuse to extradite suspects facing the death penalty, thereby allowing high-profile suspects to evade justice.
The AGF further pointed to Nigeria’s long-standing challenges with implementing capital punishment, including governors’ reluctance to sign execution warrants, prison congestion and the danger of radicalisation within correctional facilities.
The National Human Rights Commission, NHRC also faulted the Bill, calling for a mandatory human rights impact assessment for all legislation before passage.
While acknowledging the legislature’s concern over rising kidnappings and violent crimes, the Commission said the Bill raised “serious constitutional, legal and policy concerns” and could undermine internationally recognised human rights standards.
The Nigerian Bar Association, NBA urged the Senate to adopt a more measured approach, recommending that kidnapping be classified as terrorism only in cases involving organised criminal or terrorist networks or where there is clear intent to intimidate the public or coerce the government.
The NBA proposed replacing the mandatory death penalty with discretionary sentencing, including life imprisonment, and introducing graduated penalties that reflect the degree of harm, the offender’s role and the outcome of the offence.
Other organisations, 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), also raised reservations about the proposed amendment.
Former United Nations Human Rights Envoy and Professor of Human Rights Law at Bournemouth University, Professor Uchenna Emelonye, described the submissions at the hearing as a significant moment in Nigeria’s legislative discourse.
“Expanding the death penalty will not stop kidnapping,” Emelonye said. “What Nigeria urgently needs are institutional reforms, intelligence-led policing, effective prosecutions, improved border security, arms control and victim-centred justice.”
He warned that widening the scope of capital punishment in a criminal justice system prone to investigative gaps increases the risk of wrongful convictions without delivering real security benefits.
The Senate committees said all submissions would be carefully reviewed and reflected in their report as deliberations on the Bill continue.0