Key figures in Nigeria’s justice, security and human rights sectors have raised strong objections to a proposed amendment seeking to classify kidnapping as terrorism and prescribe the death penalty for offenders.
The concerns were aired on Thursday at a public hearing organised by the Senate Joint Committees on Judiciary, Human Rights and Legal Matters; National Security and Intelligence; and Interior.
The hearing focused on a bill to amend the Terrorism (Prevention and Prohibition) Act.
Under the proposed amendment, offences such as kidnapping and hostage-taking would be treated as acts of terrorism, attracting capital punishment without the option of fines or alternative sentences.
Leading the opposition, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), cautioned that the introduction of the death penalty would not serve as a deterrent to kidnapping and could worsen the country’s security situation.
Fagbemi warned that capital punishment could create a “martyrdom effect,” particularly in cases linked to extremist ideologies, where executions may reinforce rather than discourage criminal behaviour.
He stressed that policies driven by public outrage must be carefully assessed to avoid unintended consequences.
The Attorney-General also expressed concern that the proposal could weaken international cooperation, noting that many countries refuse to extradite suspects who may face the death penalty.
This, he said, could allow high-profile suspects to evade prosecution.
He also pointed to Nigeria’s long-standing challenges with capital punishment, including overcrowded prisons, the reluctance of state governors to sign execution warrants and the potential for radicalisation within correctional facilities.
The National Human Rights Commission (NHRC) also criticised the bill, urging lawmakers to carry out a mandatory human rights impact assessment before passing such legislation.
While acknowledging the growing threat of kidnapping, the commission warned that the amendment could violate constitutional provisions and internationally accepted human rights standards.
Similarly, the Nigerian Bar Association (NBA) advised a more measured approach.
The association suggested that kidnapping should only be classified as terrorism when it involves organised criminal networks, terrorist groups or clear attempts to intimidate the public or coerce government action.
The NBA also recommended replacing the mandatory death penalty with flexible sentencing options, including life imprisonment, and adopting penalties that reflect the severity of the offence, the role of the offender and the outcome of the crime.
Other agencies and groups, including the Nigerian Financial Intelligence Unit, the Nigerian Law Reform Commission, the Federation of Women Lawyers and the Department of State Services, also expressed reservations about the proposed amendment.
In response, the Senate committees assured participants that all submissions would be carefully reviewed and reflected in their final report as deliberations on the bill continue.
