The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, has rejected a Senate proposal to change Nigeria’s anti-terrorism law to make kidnapping punishable by death, with no option of a fine.
He warned that such a move could damage Nigeria’s relationship with other countries in the fight against terrorism, because many nations do not extradite suspects who could face the death penalty.
Mr Fagbemi explained that approving the proposal could turn other countries into safe havens for terrorism suspects, since foreign courts often block extradition on human rights grounds when capital punishment is involved.
AGF raises concerns about international cooperation
The Attorney-General made this position known during a public hearing on Thursday on the proposed amendment to the Terrorism (Prevention and Prohibition) Act, as well as changes to the Legal Practitioners Act.
The hearing was organised by Senate committees on human rights and legal matters, national security and intelligence, and interior.
According to him, Nigeria must think about the practical problems the death penalty creates for cooperation with international partners, many of whom will refuse to hand over suspects if execution is a possible outcome.
Details of the proposed bill
The bill, known as the Terrorism (Prevention and Prohibition) Act (Amendment) Bill 2025, was sponsored by all senators.
It was first introduced on 27 November, after the Senate decided to classify kidnapping as terrorism and make it punishable by death, removing the option of a fine and limiting judges’ discretion.
By 3 December, the Senate had passed the bill for second reading, insisting that death should be the punishment for all kidnapping-related offences.
Fear of encouraging extremism
Mr Fagbemi urged lawmakers to review the death penalty provision, saying it could encourage extremist thinking rather than stop it.
He explained that many terrorists see execution as a form of martyrdom, which could strengthen their cause instead of discouraging it.
He warned that giving such groups “martyrs” could help them recruit more followers and lead to more violent attacks against the country.
Fagbemi raises concerns, executions and prisons
The minister also pointed out that many state governors are unwilling to sign execution warrants because of moral, religious, or political reasons.
This reluctance has created an unofficial halt to executions, leaving many death-row inmates stuck in prison for years without resolution.
He said this worsens prison overcrowding and allows convicted terrorists to mix with other inmates, where they may spread radical ideas and pose greater long-term security risks.
Mr Fagbemi further warned about the danger of judicial errors, noting that the death penalty cannot be reversed if new evidence later proves a mistake was made.
He stressed that punishments should be strong but flexible enough to correct errors, in order to protect the moral authority of the Nigerian state.
In response, the chairman of the Senate Committee on Human Rights and Legal Matters, Adeniyi Adegbonire, said lawmakers would carefully consider all the concerns raised before making a final decision on the bill.
