The Attorney-General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi, has opposed a proposal by the Senate to amend Nigeria’s anti-terrorism law to impose the death penalty without the option of a fine, for all kidnapping-related offences.
Mr Fagbemi, a Senior Advocate of Nigeria, warned that the proposal could undermine Nigeria’s cooperation with international partners in the global war against terrorism, as many countries would refuse to extradite suspects who may face capital punishment.
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He said approving such a provision could inadvertently create safe havens abroad for terrorism suspects, noting that foreign courts often block extradition on human rights grounds where the death penalty is applicable.
The AGF made the government’s position known on Thursday at a public hearing on the proposed amendment to the Terrorism (Prevention and Prohibition) Act, alongside the repeal and re-enactment of the Legal Practitioners Act.
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The hearing was jointly organised by the Senate Committees on Human Rights and Legal Matters, National Security and Intelligence, and Interior.
“We must consider the practical bottleneck that the inclusion of the death penalty creates for international cooperation and mutual legal assistance. As the Committee may be aware, 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.
“By including this provision, we may inadvertently create a safe haven abroad for the very masterminds we seek to bring to justice, as foreign courts will block their repatriation to Nigeria on human rights grounds,” he said.
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He explained that the government’s stance was based on a comprehensive assessment of legal, strategic, and human rights considerations.
The Bill
The bill, titled “Terrorism (Prevention & Prohibition) Act (Amendment) Bill 2025 (SB.969),” was sponsored collectively by all the senators.
It was initially introduced for first reading on the floor of the Senate on 27 November, a day after the Senate resolved to amend the country’s terrorism law to classify kidnapping as terrorism and make it punishable by death, eliminating both the option of a fine and judicial discretion.
During the session on that day, the Senate President, Godswill Akpabio, directed Mr Bamidele to urgently prepare the amendment. On 3 December, the Senate passed the amendment bill for second reading, insisting that the death penalty without the option of a fine should be the punishment for all kidnapping-related offences.
Proposal should be reviewed
Mr Fagbemi further urged lawmakers to reconsider the death penalty provision, arguing that it could fuel extremist narratives and encourage martyrdom among convicted terrorists.
“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. 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.
‘We must avoid giving these groups the martyrs they need to fuel their recruitment drives and incite further retaliatory violence against the State and its citizens,” he said.
He also highlighted the long-standing reluctance of state governors to sign execution warrants due to moral, religious, or political concerns, a situation that has resulted in a de facto moratorium on executions.
The minister noted that this has left many death-row inmates in prolonged legal limbo, worsening prison congestion and creating environments where convicted terrorists can radicalise other inmates.
“As you are aware, there is a long-standing and pervasive reluctance among state governors to sign execution warrants, often due to moral, religious, or political considerations. This hesitance has created a de facto moratorium that leaves condemned terrorists sitting indefinitely in our correctional facilities. This state of “legal limbo” not only serves as a continuous psychological drain on our justice system but also directly contributes to the chronic overcrowding of our prisons.
“By keeping these high-risk individuals in the general prison population for decades, we inadvertently create ‘radicalisation hubs’ where convicted terrorists can influence other inmates, posing an even greater long-term security risk to the federation,” he said.
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Mr Fagbemi also cautioned against the irreversibility of capital punishment, stressing the risk of judicial error.
“In addition, the risk of judicial error remains a reality in any legal system. 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,” he said.
Responding, the Chairman of the Senate Committee on Human Rights and Legal Matters, Adeniyi Adegbonire, assured stakeholders that all concerns raised during the hearing would be carefully considered as lawmakers deliberate on the bill.
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