Reported by: Ijeoma G | Edited by: Gabriel Osa
Abuja — The Attorney‑General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN), has voiced strong opposition to a contentious proposal before the National Assembly that seeks to impose the death penalty on kidnappers by amending Nigeria’s anti‑terrorism law. Speaking at a public hearing on the bill, Fagbemi urged lawmakers to reconsider the punitive measure, warning that the shift toward capital punishment could be counterproductive and undermine broader efforts to improve national security.
At the hearing, which was jointly organised by Senate committees on Judiciary, Human Rights and Legal Matters; National Security and Intelligence; and Interior, the AGF framed his concerns within both legal and practical contexts. The proposed amendment to the Terrorism (Prevention and Prohibition) Act would see kidnapping and related offences officially reclassified as acts of terrorism and subject to a mandatory death sentence without the option of a fine or other alternative penalties.
Fagbemi acknowledged the legislature’s determination to tackle rising incidents of kidnapping and other violent crimes. However, he cautioned that capital punishment is unlikely to deter criminals and could, in fact, produce a “martyrdom effect,” where extremist‑linked offenders might view execution as symbolic validation rather than a disincentive. This, he argued, would have adverse implications — particularly in cases where kidnappings are linked to extremist ideologies rather than purely criminal motives.
The AGF also emphasised the potential international ramifications of adopting the death penalty. Many countries, especially in Europe and other jurisdictions that have abolished or restricted capital punishment, may decline to extradite suspects who risk execution upon return to Nigeria. Such refusals could inadvertently create safe havens abroad for high‑profile offenders, undermining international cooperation in counter‑terrorism and criminal justice.
Fagbemi’s intervention echoed broader concerns raised by other stakeholders at the hearing, including 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) and the Department of State Services (DSS). These institutions aligned in urging a rethink of the death penalty provision, warning that the amendment — while well‑intentioned — contains serious legal, constitutional and human‑rights implications that could weaken due process safeguards and strain Nigeria’s criminal justice framework.
Legal experts who submitted memoranda to the Senate cautioned that Nigeria has historically grappled with challenges in its justice system, including judicial delays, investigatory deficiencies and reluctance by state executives to sign execution warrants where capital punishment is imposed. These systemic issues, they said, raise the risk of wrongful convictions and miscarriages of justice if the death penalty were extended to offences like kidnapping, which vary widely in motive and context.
Instead of mandatory execution, the AGF and other critics urged lawmakers to consider alternative, evidence‑based approaches, such as strengthening policing, improving intelligence‑led investigations, enhancing judicial capacity and prioritising rehabilitation and reintegration programmes — measures seen as more sustainable in addressing the root causes of kidnapping and violent crime.
As the Senate’s deliberations continue, the debate over the proposed death penalty has underscored tensions between public demand for harsh punitive measures and legal experts’ calls for proportionate, rights‑centred solutions. Whether the National Assembly will revise the bill in response to these concerns remains a critical question for Nigeria’s criminal justice system and its broader strategy to confront insecurity.
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