The Senate on Wednesday resolved to amend Nigeria’s Anti-Terrorism Act to prescribe a death penalty without the option of a fine for all kidnapping offences.
The Senate President, Godswill Akpabio, announced the decision after a majority of senators supported the proposal through a voice vote during plenary.
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The resolution followed an additional prayer moved by Abdul Ningi, (PDP, Bauchi Central) during a debate on rising cases of kidnapping in the country.
Mr Ningi urged the Senate to mandate its Leader, Opeyemi Bamidele, to draft an amendment to the Anti-Terrorism Act that would classify kidnapping as a terrorist offence and automatically attract the death penalty, irrespective of circumstances or jurisdiction.
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The motion was seconded by Adams Oshiomhole (APC, Edo North), who argued that the amendment should be in a way that removes all judicial discretion in sentencing.
“Appropriate legal system that the offence of kidnapping should carry death penalty for which no judge should have power of any discretion to laws by parliament in this case because the issue is serious,” he said.
Mr Oshiomhole, a former governor of Edo State, also called on state governors to be willing to sign death warrants.
“If you indulge me, I’ll also urge the governors to have the courage to uphold the letter of the constitution. Governors should proceed to sign the appropriate death sentences. That is why I signed the death penalty when I was a governor. Some other governors refused to sign,” the senator added.
Endorsing the proposal, Mr Akpabio said the Senate’s position was that once kidnapping is established in court, a death sentence must follow.
“A very serious additional amendment has been made that the penalty for kidnapping should be changed immediately to carry the maximum punishment of death.
This has also been seconded that henceforth, kidnapping should first be classified as a terrorist act and which should carry death penalty. It is not up to any judge. Once the offence of kidnapping is established, a death penalty must follow. There’s no discretion as to what type of punishment should be given. The judiciary should adhere,” he said.
The senate president subsequently put the motion to vote and it was approved by the majority.
He then directed the senate leader to urgently prepare an amendment to the Anti-Terrorism Act to classify kidnapping as terrorism and make the offence punishable by death without the option of a fine or judicial discretion.
“In line with the provisions of the Terrorist Act, the offence of kidnapping henceforth should carry death penalty. The leader of the Senate should bring an amendment of the Act to ensure that the offence of kidnapping becomes a Terrorist Act and which ca⁰rries a death sentence without any option of fine and without discretion on the part of the judiciary.
“Leader of the Senate, in the shortest number of days, please bring an amendment that Nigeria will henceforth classify kidnapping as a Terrorist Act and also classify kidnapping being a terrorist act should now carry death sentence without option of fine,” he directed.
Nigeria’s Anti-Terrorism Act prescribes a death penalty for kidnapping when the offence results in the death of a victim. Where no death occurs, other penalties apply depending on the circumstances, including life imprisonment for offences such as hostage-taking and kidnapping.
The Act also criminalises the payment of ransom, prescribing a minimum sentence of 15 years for anyone who pays ransom to secure a victim’s release.
Kidnapping and ransom-taking have become increasingly rampant across the country, with terrorist groups turning the crime into a lucrative enterprise.
Earlier during the debate, Plateau Central Senator, Diket Plang, noted that terrorists rely heavily on ransom payments as a major source of funding, which they use to purchase arms and sustain their operations.
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However, despite the frequency of attacks, many kidnapping cases end with the release of victims but without any arrests.
For instance, the 25 schoolgirls abducted from Government Girls Comprehensive Secondary School, Maga, in Kebbi State, were freed on Tuesday after security intervention, but none of the abductors was apprehended.
Also, 38 worshippers of a church in Eruku, Kwara State, were rescued last Sunday, but none of their abductors was arrested.
