Stakeholders Reject Death Penalty Bill

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Key justice, security, and human rights stakeholders are urging the National Assembly to adopt a more balanced approach to tackling kidnapping, warning against proposals to impose the death penalty on offenders.

At a public hearing held by the Senate Joint Committees on Judiciary, Human Rights and Legal Matters; National Security and Intelligence; and Interior, concerns are raised over a Bill seeking to amend the Terrorism (Prevention and Prohibition) Act by classifying kidnapping and hostage-taking as acts of terrorism, Mediaplusng.com reports.

The proposed amendment prescribes the death penalty without an option of fine or alternative sentence for kidnapping-related offences. However, several stakeholders argue that such a move may worsen Nigeria’s security challenges rather than resolve them.

Leading the opposition, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), warns that capital punishment does not deter crime and may instead escalate violence. He explains that executions could create a martyrdom effect, especially where extremist groups interpret punishment as validation of their cause.

Fagbemi also cautions that the death penalty could weaken international cooperation, noting that many countries refuse to extradite suspects who face execution, a development that could allow high-profile offenders to evade justice, according to Mediaplusng.com.

The Attorney-General further highlights Nigeria’s long-standing difficulties with capital punishment, including governors’ reluctance to sign death warrants, overcrowded correctional facilities, and the risk of further radicalization within prisons.

The National Human Rights Commission (NHRC) also opposes the proposal, calling for a mandatory human rights impact assessment before any amendment is passed. While acknowledging the growing threat of kidnapping, the Commission warns that the Bill raises serious constitutional and policy concerns and may violate international human rights standards.

Similarly, the Nigerian Bar Association (NBA) advises caution, suggesting that kidnapping should only be classified as terrorism when it involves organized criminal or terrorist networks or is intended to intimidate the public or coerce the government. The NBA recommends replacing the mandatory death sentence with discretionary penalties, including life imprisonment.

The association also proposes graduated sentencing that reflects the severity of harm, the offender’s role, and the outcome of each crime, rather than a one-size-fits-all punishment.

Other agencies, 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), express similar reservations, urging lawmakers to consider long-term security, legal, and human rights implications.

In response, the Senate committees assure participants that all submissions will be carefully reviewed. Lawmakers say the inputs from stakeholders will guide further deliberations as efforts continue to strengthen Nigeria’s legal framework against kidnapping and violent crime, while safeguarding justice and human rights.

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