The Federal Government has opposed a proposal by the Senate to amend Nigeria’s anti-terrorism law to prescribe the death penalty, without an option of fine, for kidnapping-related offences.
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), made the government’s position known on Thursday during a public hearing on the proposed amendment to the Terrorism (Prevention and Prohibition) Act.
The hearing was jointly organised by the Senate Committees on Human Rights and Legal Matters, National Security and Intelligence, and Interior.
Mr Fagbemi warned that introducing capital punishment for kidnapping offences could undermine Nigeria’s cooperation with international partners in counterterrorism efforts, as many countries would refuse to extradite suspects who may face the death penalty.
According to him, foreign courts often block extradition requests on human rights grounds where capital punishment applies, a situation that could inadvertently create safe havens abroad for terrorism and kidnapping suspects.
“We must consider the practical bottlenecks that the inclusion of the death penalty creates for international cooperation and mutual legal assistance,” Fagbemi said.
“Many of our international partners in the global war on terror will not extradite high-profile suspects if they face the risk of capital punishment. By including this provision, we may inadvertently create safe havens for the very masterminds we seek to bring to justice,” he added.
The Attorney-General further cautioned that capital punishment could fuel extremist propaganda, enable martyrdom narratives, and eliminate the possibility of correcting judicial errors.
He said the government’s position was based on a comprehensive assessment of legal, diplomatic, and human rights implications associated with the proposed amendment.