Key justice and human rights stakeholders on Thursday opposed a Senate proposal seeking to introduce the death penalty for kidnapping through an amendment to the Terrorism (Prevention and Prohibition) Act, warning that capital punishment would neither deter crime nor enhance national security.
The concerns were raised at a one-day public hearing organised by the Senate Joint Committees on Judiciary, Human Rights and Legal Matters; National Security and Intelligence; and Interior.
The hearing examined a Bill proposing the classification of kidnapping, hostage-taking and related offences as acts of terrorism, with penalties including death without the option of a fine or alternative sentence. The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN); the Nigerian Bar Association (NBA); the National Human Rights Commission (NHRC); the Nigerian Financial Intelligence Unit (NFIU); the Nigerian Law Reform Commission; the Federation of Women Lawyers (FIDA); the Department of State Services (DSS); and other stakeholders expressed legal, constitutional and policy reservations.
Fagbemi urged lawmakers to remove the death penalty provision, noting that although the executive shares the legislature’s determination to tackle terrorism and violent crime, the punishment could prove counterproductive.
He said: “While emotionally satisfying, the inclusion of the death penalty risks facilitating the ‘martyrdom’ trap.
“In ideological conflicts, state-sanctioned execution may validate extremist causes, fuel recruitment and provoke retaliatory violence.”
The Attorney-General further cautioned that the provision could hinder international cooperation, as many countries decline to extradite suspects facing capital punishment, potentially turning foreign jurisdictions into safe havens for terror suspects.
He also referenced Nigeria’s longstanding reluctance to carry out executions, which has resulted in a de facto moratorium, prison overcrowding and the risk of radicalisation within correctional facilities.
“Our focus should be on the certainty of apprehension and conviction rather than the ultimate severity of punishment,” Fagbemi said, recommending life imprisonment without parole as a more effective alternative.
The NHRC proposed that all Bills be subjected to mandatory human rights impact assessments before passage. It argued that although the proposed legislation was well-meaning, it contained “serious legal, constitutional and policy problems” and must comply with international human rights standards and constitutional safeguards.
“Any proposed legislation must improve the enjoyment of human rights and comply with best practices,” the Commission said, warning that expanding capital punishment in a system with investigative weaknesses increases the risk of irreversible miscarriages of justice.
The NBA advised the Senate to adopt a graduated and discretionary sentencing regime, recommending that kidnapping be classified as terrorism only when linked to organised criminal or terrorist networks, or where there is intent to intimidate the public or coerce government authorities.
The association called for the replacement of a mandatory death sentence with discretionary penalties, including life imprisonment or death only in aggravated circumstances, while urging clearer definitions of intent, liability and defences such as duress, and alignment with existing state kidnapping laws.
During the deliberations, Senator Ekong Sampson supported a tiered approach to offences and punishments, stressing that sanctions should reflect the degree of harm, the roles played by offenders and the outcomes of the crimes.
Former United Nations Human Rights Envoy and Professor of Human Rights Law at Bournemouth University, Prof. Uchenna Emelonye, described the hearing as a rare moment of consensus among Nigeria’s leading legal institutions against the use of capital punishment for kidnapping.
He said: “The submissions today reaffirm what empirical evidence and global experience show – expanding the death penalty will not stop kidnapping.
“Nigeria needs institutional reforms, intelligence-led policing, effective prosecutions, border security, arms control and victim-centred justice.”
Emelonye cautioned that broadening the scope of capital punishment within a fragile criminal justice system could lead to wrongful convictions without yielding tangible security benefits, and urged lawmakers to focus instead on strengthening policing, intelligence coordination and prosecution processes.
The Senate committees said the submissions would guide their final report as deliberations continue on the proposed amendment.
