The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has formally opposed a Senate proposal to amend Nigeria’s anti-terrorism laws by introducing the death penalty without the possibility of a fine for offences related to kidnapping. Mr Fagbemi cautioned that such an amendment could weaken Nigeria’s collaboration with international allies in counterterrorism
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has formally opposed a Senate proposal to amend Nigeria’s anti-terrorism laws by introducing the death penalty without the possibility of a fine for offences related to kidnapping.
Mr Fagbemi cautioned that such an amendment could weaken Nigeria’s collaboration with international allies in counterterrorism efforts, noting that several countries would decline to extradite suspects who could face capital punishment.
According to him, the inclusion of the death penalty could unintentionally allow terrorism suspects to remain outside the country, as foreign judicial systems frequently deny extradition requests on human rights grounds where capital punishment is involved.
The Attorney-General stated the federal government’s position on Thursday during a public hearing on the proposed amendment to the Terrorism (Prevention and Prohibition) Act, as well as the repeal and re-enactment of the Legal Practitioners Act.
The hearing was convened jointly 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.
“By including this provision, we may inadvertently create a 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.
Mr Fagbemi explained that the government’s position was based on an extensive evaluation of legal implications, strategic concerns, and human rights considerations.
Proposed Bill Should Be Reviewed.
The Attorney-General further advised lawmakers to revisit the death penalty clause, warning that it could strengthen extremist propaganda and promote the glorification of 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 drew attention to the long-standing hesitation by state governors to authorise executions, often due to moral, religious, or political reasons, which has effectively resulted in an unofficial suspension of capital punishment in the country.
The Terrorism Bill
The proposed legislation, titled “Terrorism (Prevention & Prohibition) Act (Amendment) Bill, 2025 (SB.969)”, was sponsored by the Senate Leader, Opeyemi Bamidele (APC, Ekiti Central).
The bill was formally presented for its first reading on the Senate floor on November 27, 2025.
The move by the Senate followed its resolution after an in-depth review of Nigeria’s worsening security situation, particularly the sharp rise in kidnapping, hostage-taking, and ransom-related abductions linked to terrorist groups.
During deliberations, senators raised concerns that kidnapping had become a lucrative and well-organised criminal activity, continuing to flourish despite existing legislation. This led to a consensus on the need to reinforce the country’s legal framework by classifying kidnapping as an act of terrorism and prescribing stricter punishments.
At plenary, Senate President Godswill Akpabio instructed the Senate Leader to prepare the amendment without delay. The bill’s presentation less than 24 hours later highlighted the legislature’s resolve to address the escalating abduction crisis nationwide.
The introduction of the amendment underscores the government’s growing urgency to tackle a security emergency that has disrupted livelihoods, forced school closures, and placed countless lives at risk across Nigeria.
