The Attorney-General of the Federation Lateef Fagbemi (SAN) warned that capital punishment would not deter kidnapping and could aggravate Nigeria’s security challenges.

Key justice, security and human rights stakeholders have opposed a proposal before the Senate seeking to classify kidnapping as an act of terrorism and impose the death penalty on offenders.

The objections were raised today during a public hearing organized by the Senate Joint Committees on Judiciary, Human Rights and Legal Matters; National Security and Intelligence and Interior on a Bill to amend the Terrorism (Prevention and Prohibition) Act.

The proposed amendment aims to designate kidnapping, hostage-taking and related offences as terrorism and prescribe the death penalty without an option of fine or alternative sentence.

Leading the opposition, the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), warned that capital punishment would not deter kidnapping and could aggravate Nigeria’s security challenges.

Fagbemi cautioned that introducing the death penalty could create a martyrdom effect, particularly in cases linked to extremist ideologies, where executions may be seen 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,” he said.

The Attorney-General also warned that the proposal could undermine international cooperation, noting that many countries would decline to extradite suspects who face the death penalty, potentially allowing high-profile offenders to evade justice.

He highlighted Nigeria’s long-standing challenges in implementing capital punishment, including governors’ reluctance to sign execution warrants, prison congestion and the risk of radicalization within correctional facilities.

The National Human Rights Commission (NHRC) also criticized the Bill, urging the legislature to conduct a mandatory human rights impact assessment on all proposed laws.

While acknowledging concerns over rising kidnapping and violent crime, the Commission said the amendment raised serious constitutional, legal and policy issues and could breach internationally recognised human rights standards.

Similarly, the Nigerian Bar Association (NBA) called for a more cautious approach, recommending that kidnapping be classified as terrorism only when it involves organised criminal or terrorist networks or clear intent to intimidate the public or coerce the government.

The NBA proposed replacing the mandatory death penalty with discretionary sentencing options, including life imprisonment and introducing 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 proposed amendment.

The Senate committees assured stakeholders that all submissions would be carefully reviewed and reflected in their report as deliberations on the Bill continue.