Key justice, security and human rights actors on Thursday pushed back strongly against a Senate proposal to punish kidnapping with death by reclassifying the offence as terrorism, warning that the move could deepen rather than resolve Nigeria’s security crisis.
The concerns were aired at a public hearing convened by the Senate Joint Committees on Judiciary, Human Rights and Legal Matters; National Security and Intelligence; and Interior, on a Bill seeking to amend the Terrorism (Prevention and Prohibition) Act.
Under the proposed amendment, kidnapping, hostage-taking and related crimes would be formally designated as acts of terrorism, with offenders facing a mandatory death sentence, without the option of a fine or alternative punishment.
Lateef Fagbemi (SAN), the Attorney-General of the Federation and Minister of Justice, led the opposition, cautioning lawmakers that capital punishment would neither deter kidnappers nor curb violent crime.
Read also: UPDATED: Kidnapping: Senate insists on death penalty for perpetrators, financiers, informants
According to Fagbemi, introducing the death penalty could produce a “martyrdom effect”, particularly in cases linked to extremist ideologies, where execution is perceived 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 further warned that the proposal could undermine Nigeria’s cooperation with foreign partners, as many countries would decline to extradite suspects facing execution, thereby enabling high-profile offenders to escape prosecution.
Fagbemi also highlighted structural challenges already plaguing Nigeria’s criminal justice system, including governors’ reluctance to sign death warrants, overcrowded correctional centres and the risk of further radicalisation within prisons.
The National Human Rights Commission (NHRC) echoed similar concerns, urging the Senate to subject the Bill to a mandatory human rights impact assessment before passage.
Although acknowledging lawmakers’ worries over the surge in kidnappings and violent crime, the Commission said the proposal raised “serious constitutional, legal and policy concerns” and could place Nigeria in breach of internationally recognised human rights standards.
The Nigerian Bar Association (NBA) also advised caution, recommending a narrower definition that would classify kidnapping as terrorism only where organised criminal or terrorist networks are involved, or where there is clear intent to intimidate the public or coerce the government.
Instead of a compulsory death sentence, the NBA proposed discretionary sentencing options, including life imprisonment, alongside graduated penalties that reflect the severity of harm, the offender’s role and the outcome of the crime.
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), also expressed reservations about the amendment.
Uchenna Emelonye, former United Nations Human Rights Envoy and Professor of Human Rights Law at Bournemouth University, described the hearing as a pivotal moment in Nigeria’s lawmaking process.
“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 broadening the scope of capital punishment within a criminal justice system marked by investigative weaknesses heightens the risk of wrongful convictions, without delivering meaningful security gains.
The Senate committees assured participants that all submissions would be carefully examined and incorporated into their report as deliberations on the Bill continue.
