The federal government, through the Attorney-General of the Federation 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 for kidnapping-related offences.
Fagbemi warned that the proposal could undermine Nigeria’s cooperation with international partners in counter-terrorism efforts.
He said countries that oppose capital punishment may refuse to extradite suspects who could face the death penalty in Nigeria.
Fagbemi spoke on Thursday at a public hearing on the proposed amendment to the Terrorism (Prevention and Prohibition) Act, adding that the provision could inadvertently create safe havens abroad for terrorism suspects.
The hearing was jointly organised by the Senate committees on human rights and legal matters, national security and intelligence, and interior.
The AGF said: “We must consider the practical bottleneck that the inclusion of the death penalty creates for international cooperation and mutual legal assistance.
“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 the federal government’s position was informed by legal, strategic and human rights considerations.
The bill, titled Terrorism (Prevention and Prohibition) Act (Amendment) Bill 2025 (SB.969), was sponsored by all senators.
The bill was introduced for first reading on November 27, a day after the Senate resolved to classify kidnapping as terrorism and make it punishable by death without the option of a fine.
On December 3, the Senate passed the bill for second reading.
Fagbemi urged lawmakers to reconsider the death penalty clause, saying it could fuel extremist narratives.
“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.
“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.
The minister also cited the reluctance of state governors to sign execution warrants, noting that this has resulted in a de facto moratorium on executions and left death-row inmates in prolonged legal limbo.
Fagbemi said prolonged detention of convicted terrorists worsens prison congestion and poses security risks.
“By keeping these high-risk individuals in the general prison population for decades, we inadvertently create ‘radicalisation hubs’,” he said.
He also cautioned against the irreversibility of capital punishment, citing the risk of judicial error.
“The finality of the death penalty leaves no room for the rectification of errors, should fresh evidence come to light,” Fagbemi said.
Responding, Senator Adeniyi Adegbonire, chairman of the Senate committee on human rights and legal matters, said lawmakers would consider all submissions before taking a final decision on the bill.
