By MOHAMMED DANBABA
The Federal Government under President Bola Ahmed Tinubu has cautioned the National Assembly against adopting the death penalty for kidnappers and terrorists, warning that such a move could worsen insecurity rather than resolve Nigeria’s deepening security crisis.
The warning came on Thursday in Abuja as the Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, addressed lawmakers during a public hearing on proposed amendments 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.
At the centre of the debate is a Senate proposal seeking to impose the death penalty, without the option of a fine, for all kidnapping-related offences linked to terrorism. While lawmakers pushing the amendment argue that harsher punishment would deter violent crimes, the Tinubu administration says the policy could backfire.
FG: Death Penalty Could Fuel Extremism
Addressing senators, Fagbemi openly opposed the proposed amendment, stressing that capital punishment for terrorism-related offences could inadvertently strengthen extremist narratives.
“From a tactical perspective, it is our view that the proposal to include the death penalty for convicted terrorists should be reviewed,” the Attorney General said. “It inadvertently facilitates what we refer to as the martyrdom trap.”
According to him, many terrorist groups are driven by radical ideologies in which death is glorified rather than feared. In such cases, a state-sanctioned execution does not act as a deterrent but instead validates the extremist cause.
“It is critical to understand that the fight against terrorism involves actors who often see execution not as punishment but as honour,” Fagbemi told lawmakers. “This reality demands a more strategic approach to punishment.”
International Cooperation at Risk
Beyond ideology, the Justice Minister warned that introducing the death penalty for kidnappers and terrorists in Nigeria could seriously undermine the country’s international counterterrorism partnerships.
He explained that many of Nigeria’s allies in the global war on terror have abolished capital punishment and operate strict human rights-based extradition laws.
“We must consider the practical bottleneck that the inclusion of the death penalty creates for international cooperation,” Fagbemi said. “Several of our international partners will simply refuse to extradite suspects if they face the risk of capital punishment.”
He added that this could leave high-profile terror suspects living freely abroad, shielded by foreign courts and legal systems.
“By insisting on the death penalty, we may inadvertently create a safe haven for the very masterminds we are seeking to bring to justice,” the Attorney General warned.
Implementation Challenges and Legal Risks
Fagbemi also pointed to Nigeria’s long-standing difficulty in implementing death sentences as another reason lawmakers should reconsider the proposal.
He noted that many state governors remain unwilling to sign execution warrants due to moral, religious, or political considerations. This, he said, has created a de facto moratorium on executions across the country.
“The result is that condemned prisoners remain indefinitely in correctional facilities, creating further legal and humanitarian challenges,” he explained.
In addition, the Attorney General highlighted the irreversible nature of capital punishment, warning that it poses grave legal risks in a justice system where wrongful convictions are still possible.
“The finality of the death penalty leaves no room for the correction of errors should new evidence emerge,” Fagbemi said. “To maintain the moral authority of the Nigerian state, punishments must be firm but also reversible in the face of new facts.”
Balancing Justice, Security, and Human Rights
The Tinubu government’s position signals a cautious approach to the growing calls for tougher punishment amid Nigeria’s persistent kidnapping and terrorism crisis. While public frustration remains high, the administration insists that effective security policy must balance deterrence, justice, and international cooperation.
Officials argue that strengthening intelligence gathering, improving prosecutions, cutting terrorist financing, and ensuring swift convictions may be more effective than relying solely on capital punishment.
As the Senate continues deliberations on the proposed amendment, the debate over the death penalty for kidnappers and terrorists in Nigeria is expected to intensify, reflecting broader tensions between public demand for harsh punishment and the complexities of modern counterterrorism strategy.
For now, the Tinubu administration has drawn a clear line, warning lawmakers that the path to security lies not in symbolic severity but in policies that deny terrorists legitimacy, limit their reach, and keep Nigeria firmly connected to global counterterrorism efforts.
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