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The administration of President Bola Tinubu has cautioned that imposing the death penalty on terrorists involved in killings and kidnappings will not resolve Nigeria’s worsening security crisis.
The Tinubu government warned that such a move could be counterproductive and undermine international cooperation.
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), stated this on Thursday while addressing lawmakers at a public hearing on the proposed amendment to the Terrorism (Prevention and Prohibition) Act.
The hearing was jointly organised by the Senate Committees on Human Rights and Legal Matters, National Security and Intelligence, and Interior.
Fagbemi openly opposed a proposal by the Senate seeking to amend Nigeria’s anti-terrorism law to prescribe the death penalty, without the option of a fine, for all kidnapping-related offences.
According to him, capital punishment for convicted terrorists could fuel extremist narratives rather than deter 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 warned that introducing the death penalty could damage Nigeria’s standing in global counterterrorism efforts, particularly in relation to extradition and mutual legal assistance.
“We must consider the practical bottleneck that the inclusion of the death penalty creates for international cooperation,” he said.
“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 said the consequence could be that terror suspects flee or remain abroad, shielded 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 highlighted Nigeria’s long-standing difficulty in implementing death sentences, noting that many state governors are unwilling to sign execution warrants for 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 warned that beyond implementation challenges, the irreversible nature of capital punishment poses grave legal risks.
“The finality of the death penalty leaves no room for the rectification of errors, should fresh evidence come to light,” Fagbemi said.
“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 added.
