The Federal Government has opposed a proposal by the Senate to amend Nigeria’s anti-terrorism law to prescribe the death penalty without the option of a fine for all kidnapping-related offences, warning that such a move could undermine international cooperation and create new security risks for the country.
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, made the government’s position known on Thursday during a Senate 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.
Fagbemi, a Senior Advocate of Nigeria, argued that the inclusion of capital punishment could weaken Nigeria’s collaboration with international partners in the global fight against terrorism, as many countries are unwilling to extradite suspects who may face the death penalty.
“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 stance was based on a comprehensive assessment of legal, strategic, and human rights considerations, noting that foreign courts often decline extradition requests where capital punishment applies.
The bill under consideration, titled “Terrorism (Prevention & Prohibition) Act (Amendment) Bill 2025 (SB.969),” was sponsored collectively by all senators. It was first introduced on the Senate floor on 27 November, a day after the Senate resolved to amend the country’s terrorism law to classify kidnapping as an act of terrorism and make it punishable by death, removing both the option of a fine and judicial discretion.
During that session, Senate President Godswill Akpabio directed the Senate Leader, Opeyemi Bamidele, to urgently prepare the amendment. 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.
Fagbemi urged lawmakers to reconsider the provision, warning that it could also strengthen extremist propaganda and encourage martyrdom narratives among convicted terrorists.
“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.
The minister also drew attention to the long-standing reluctance of state governors to sign execution warrants due to moral, religious, or political concerns, a situation that has effectively resulted in a de facto moratorium on executions across the country.
He noted that this reluctance has left many death-row inmates in prolonged legal limbo, worsening prison congestion and creating conditions that could allow convicted terrorists to radicalise other inmates.
“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.
Fagbemi further cautioned against the irreversibility of capital punishment, highlighting the danger of judicial error and the inability to correct mistakes once an execution has been carried out.
“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 to the concerns raised, the Chairman of the Senate Committee on Human Rights and Legal Matters, Adeniyi Adegbonire, assured stakeholders that all submissions made during the public hearing would be carefully considered as lawmakers continue deliberations on the bill.
