FG Opposes Death Penalty for Kidnapping, Warns Senate of Extradition, Terror Risks

FG Opposes Death Penalty for Kidnapping, Warns Senate of Extradition, Terror Risks

The federal government has formally opposed a proposal by the Senate to amend Nigeria’s anti-terrorism law to impose the death penalty for kidnapping-related offences, warning that such a move could undermine international counter-terrorism cooperation and create safe havens for suspects abroad.

The Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, stated the government’s position on Thursday during a public hearing on the proposed amendment to the Terrorism (Prevention and Prohibition) Act, jointly organised by the Senate committees on human rights and legal matters, national security and intelligence, and interior.

Fagbemi cautioned that many countries opposed to capital punishment may refuse to extradite suspects who could face execution in Nigeria, thereby frustrating efforts to bring terrorism suspects to justice.

“We must consider the practical bottleneck that the inclusion of the death penalty creates for international cooperation and mutual legal assistance,” the AGF 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.”

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He warned that the proposed provision could inadvertently turn foreign countries into safe havens for terrorism suspects, as courts abroad may block extradition on human rights grounds.

The bill, titled Terrorism (Prevention and Prohibition) Act (Amendment) Bill 2025 (SB.969), was sponsored by all senators. It was introduced for first reading on November 27, a day after the Senate resolved to classify kidnapping as terrorism and prescribe death penalty without the option of a fine. The bill passed second reading on December 3.

Fagbemi said the federal government’s opposition was based on legal, strategic and human rights considerations, adding that the death penalty could also strengthen extremist narratives.

“From a tactical perspective, the proposal should be reviewed because it inadvertently facilitates the ‘martyrdom’ trap,” he said, warning that executions could be used by terrorist groups to fuel recruitment and retaliatory violence.

The AGF also cited the reluctance of state governors to sign execution warrants, noting that this has effectively created a de facto moratorium on executions, leaving inmates on death row in prolonged legal limbo and worsening prison congestion.

“By keeping these high-risk individuals in the general prison population for decades, we inadvertently create ‘radicalisation hubs’,” he said.

Fagbemi further cautioned against the irreversibility of capital punishment, pointing to the risk of judicial error if new evidence emerges after execution.

Responding, Senator Adeniyi Adegbonire, chairman of the Senate committee on human rights and legal matters, assured that lawmakers would carefully consider all submissions before taking a final decision on the bill.

FG Opposes Death Penalty for Kidnapping, Warns Senate of Extradition, Terror Risks