The Federal Government has formally opposed the Senate’s proposal to amend Nigeria’s anti-terrorism law to prescribe the death penalty for kidnapping-related offences, warning that such a move could undermine international cooperation and weaken the country’s counter-terrorism framework.
The government’s position was presented on Thursday by the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, during a public hearing on the proposed amendment to the Terrorism (Prevention and Prohibition) Act. He cautioned that countries that oppose capital punishment may refuse to extradite suspects to Nigeria if they face execution.
According to Fagbemi, introducing the death penalty could unintentionally turn foreign jurisdictions into safe havens for terrorism suspects, as international courts may block extradition on human rights grounds.
“We must consider the practical bottleneck that the inclusion of the death penalty creates for international cooperation and mutual legal assistance,” he 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.”
The public hearing was jointly organised by the Senate committees on human rights and legal matters, national security and intelligence, and interior.
Fagbemi explained that the Federal Government’s opposition is based on legal, strategic and human rights considerations, warning that capital punishment could also reinforce extremist narratives. He described state executions as a potential propaganda tool for terrorist groups.
“From a tactical perspective, the inclusion of the death penalty risks facilitating the ‘martyrdom’ trap,” he said, noting that executions could be portrayed as validating extremist causes rather than deterring them.
The proposed legislation, 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 make it punishable by death without an option of a fine. The bill passed second reading on December 3.
Fagbemi also highlighted the reluctance of state governors to sign execution warrants, a situation he said has effectively created a moratorium on executions and left death-row inmates in prolonged legal uncertainty. He warned that this contributes to prison congestion and security risks.
“By keeping these high-risk individuals in custody for decades, we inadvertently create radicalisation hubs within our correctional facilities,” he said.
He further cautioned against the irreversible nature of capital punishment, stressing the danger of judicial errors that cannot be corrected if new evidence emerges after execution.
Responding on behalf of the legislature, Senator Adeniyi Adegbonire, chairman of the Senate committee on human rights and legal matters, assured stakeholders that all submissions would be carefully considered before lawmakers take a final decision on the bill.
