The administration of President Bola Tinubu has expressed concerns about the Senate’s move to impose a stringent death penalty on terrorists involved in killings and kidnappings, stating that such an approach will not alleviate Nigeria’s worsening security crisis.
Tinubu believes that this action could be counterproductive and also undermines international cooperation.
Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), conveyed these sentiments on Thursday while addressing lawmakers at a public hearing concerning the proposed amendment to the Terrorism (Prevention and Prohibition) Act.
The hearing was organized jointly by the Senate Committees on Human Rights and Legal Matters, National Security and Intelligence, and Interior.
Fagbemi openly opposed a Senate proposal aimed at amending Nigeria’s anti-terrorism law to impose the death penalty, without the option of a fine, for all kidnapping-related offenses.
He indicated that capital punishment for convicted terrorists could encourage extremist narratives instead of deterring 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.”
The Justice Minister further cautioned that the introduction of the death penalty could jeopardize Nigeria’s position in global counterterrorism efforts, particularly regarding extradition and mutual legal assistance.
“We must consider the practical bottleneck that the inclusion of the death penalty creates for international cooperation,” he stated.
“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 noted that this could lead to terror suspects fleeing or remaining abroad, protected by foreign courts on human rights grounds.
“By including this provision, we may inadvertently create a safe haven abroad for the very masterminds we seek to bring to justice,” he added.
The Attorney General also pointed out Nigeria’s longstanding challenges in implementing death sentences, mentioning that many state governors are reluctant to sign execution warrants due to moral, religious, or political reasons.
“This hesitance has created a de facto moratorium that leaves condemned terrorists sitting indefinitely in our correctional facilities,” he said.
He emphasized that, beyond implementation issues, the irreversible nature of capital punishment poses significant legal risks.
“The finality of the death penalty leaves no room for the rectification of errors, should fresh evidence come to light,” Fagbemi stated.
“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 concluded.
