CRIME
AGF, Lateef Fagbemi Warns Senate Against Death Penalty for Kidnapping, Says Proposal Could Undermine Anti-Terror Cooperation and Create Terrorist Safe Havens Abroad
The Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, SAN, has formally opposed a proposal by the Senate to amend Nigeria’s anti-terrorism law to impose the death penalty without the option of a fine for all kidnapping-related offences, warning that such a move could have far-reaching legal, diplomatic and security consequences for the country.
Mr Fagbemi cautioned that the proposed amendment could weaken Nigeria’s collaboration with international partners in the global fight against terrorism, noting that many countries have strict policies against extraditing suspects who may face capital punishment upon return.
According to the AGF, approving the death penalty provision could inadvertently turn foreign countries into safe havens for terrorism and kidnapping suspects, as courts abroad often refuse extradition requests on human rights grounds where the death penalty is applicable.
He made the Federal Government’s position known on Thursday during a public hearing on the proposed amendment to the Terrorism (Prevention and Prohibition) Act, as well as the repeal and re-enactment of the Legal Practitioners Act. The hearing was jointly organised by the Senate Committees on Human Rights and Legal Matters, National Security and Intelligence, and Interior.
Addressing lawmakers and stakeholders, Mr Fagbemi said:
“We must consider the practical bottleneck that the inclusion of the death penalty creates for international cooperation and mutual legal assistance. As the Committee may be aware, 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 a safe haven abroad for the very masterminds we seek to bring to justice, as foreign courts will block their repatriation to Nigeria on human rights grounds,” he said.
He explained that the government’s opposition to the proposal was based on a comprehensive evaluation of legal, strategic and human rights considerations, stressing that Nigeria’s counter-terrorism framework must remain effective both domestically and internationally.
The controversial legislation, titled “Terrorism (Prevention & Prohibition) Act (Amendment) Bill 2025 (SB.969),” was sponsored collectively by all senators. It was introduced for first reading on 27 November, a day after the Senate resolved to amend Nigeria’s terrorism law to classify kidnapping as an act of terrorism and prescribe death as the punishment, without the option of a fine or judicial discretion.
During that plenary session, Senate President Godswill Akpabio directed the Senate Leader, Mr Opeyemi Bamidele, to urgently prepare the amendment.
Subsequently, on 3 December, the Senate passed the bill for second reading, maintaining that the death penalty without the option of a fine should apply to all kidnapping-related offences.
Beyond international cooperation concerns, the AGF urged lawmakers to reconsider the death penalty provision on tactical and security grounds, arguing that it could strengthen extremist propaganda and encourage martyrdom among convicted terrorists.
He stated:
“From a tactical perspective, it is our view that the proposal to include the death penalty for convicted terrorists should be reviewed, because it inadvertently facilitates the ‘martyrdom” trap. It is critical to note that the fight against terrorism deals with an enemy often driven by radical ideologies, where a state-sanctioned execution is viewed not as a deterrent but as a validation of their cause.
“‘We must avoid giving these groups the martyrs they need to fuel their recruitment drives and incite further retaliatory violence against the State and its citizens,” he said.
Mr Fagbemi also drew attention to the long-standing reluctance of state governors to sign execution warrants, citing moral, religious and political reasons. He noted that this has effectively created a de facto moratorium on executions across the country.
According to him, the situation has left many death-row inmates in prolonged legal uncertainty, worsening prison congestion and creating conditions where convicted terrorists could further radicalise other inmates.
He explained:
“As you are aware, there is a long-standing and pervasive reluctance among state governors to sign execution warrants, often due to moral, religious, or political considerations. This hesitance has created a de facto moratorium that leaves condemned terrorists sitting indefinitely in our correctional facilities. This state of “legal limbo” not only serves as a continuous psychological drain on our justice system but also directly contributes to the chronic overcrowding of our prisons.
“By keeping these high-risk individuals in the general prison population for decades, we inadvertently create ‘radicalisation hubs’ where convicted terrorists can influence other inmates, posing an even greater long-term security risk to the federation,” he said.
The AGF further warned against the irreversible nature of capital punishment, stressing that no justice system is immune from error.
He added:
“In addition, the risk of judicial error remains a reality in any legal system.
“The finality of the death penalty leaves no room for the rectification of errors, should fresh evidence come to light. To maintain the moral authority of the Nigerian State, we must ensure that our punishments are both firm and reversible in the face of new facts,” he said.
Responding on behalf of the Senate, the Chairman of the Senate Committee on Human Rights and Legal Matters, Senator Adeniyi Adegbonire, assured participants at the hearing that all concerns raised by stakeholders would be thoroughly examined.
He said the committees would carefully consider the submissions as lawmakers continue deliberations on the bill, signaling that the proposed amendment remains subject to further review and legislative scrutiny.