The Nigerian Government has cautioned lawmakers that executing terrorists and kidnappers could hamper Nigeria’s collaboration with global counterterrorism partners.
Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, made the remarks on Thursday while addressing lawmakers at a public hearing on the proposed amendment to the Terrorism (Prevention and Prohibition) Act. The hearing was jointly organised by the Senate Committees on Human Rights and Legal Matters, National Security and Intelligence, and Interior.
Fagbemi openly 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.
He further stressed that the irreversible nature of capital punishment poses grave legal risks. “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”, Fagbemi added.
He argued that capital punishment for convicted terrorists could fuel extremist narratives rather than deter violent actors. “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”, Fagbemi told senators.
“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”, he added.
The justice minister further warned that introducing the death penalty could damage Nigeria’s standing in global counterterrorism efforts, particularly in relation to extradition and mutual legal assistance.
“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”, Fagbemi said, noting that terror suspects could flee or remain abroad, shielded by foreign courts on human rights grounds.
Fagbemi also highlighted Nigeria’s long-standing difficulty in implementing death sentences, citing governors’ reluctance to sign execution warrants for moral, religious, or political reasons.
About the Author
