President Bola Tinubu’s administration has warned that the death penalty for marauding terrorists killing and kidnapping Nigerians will not put an end to the security challenges in the country.
Minister of Justice Lateef Fagbemi disclosed this on Thursday at a public hearing on the proposed amendment to the Terrorism (Prevention and Prohibition) Act, jointly organised by the Senate Committees on Human Rights and Legal Matters, National Security and Intelligence, and Interior.
Mr Fagbemi 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, arguing that it could deepen 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,” Mr Fagbemi said. “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 minister said capital punishment for convicted terrorists could also affect Nigeria’s relationship with other countries in the fight against terrorism, as they could refuse to extradite high-profile suspects.
“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 stated.
While highlighting the long-standing reluctance of state governors to sign execution warrants due to moral, religious, or political concerns, the attorney general further warned that the irreversibility of the death penalty leaves no rectification of judicial errors.
“This hesitance has created a de facto moratorium that leaves condemned terrorists sitting indefinitely in our correctional facilities.
“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,” Mr Fagbemi explained.
The federal government’s position on the inclusion of the death penalty in the anti-terrorism law came amid a wave of renewed attacks by terrorists on Nigerian communities.
The escalating attacks had elicited widespread criticism from Nigerians, who slammed the Tinubu-led administration for failing to protect lives and property, as guaranteed by the constitution.
Meanwhile, Mr Tinubu recently declared a nationwide security emergency, ordering fresh recruitment into the armed forces to reinforce ongoing operations across the country.
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