The Nigerian Bar Association (NBA) has expressed strong constitutional, doctrinal, and human-rights concerns over a bill seeking to amend the Terrorism (Prevention and Prohibition) Act to designate kidnapping and hostage-taking as acts of terrorism and to impose a mandatory death penalty for such offences.
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The position was presented by the NBA, through its Legislative Advocacy Committee, chaired by Mr. Kehinde Ogunwumiju, SAN, at the public hearing on the Bill for an Act to Amend the Terrorism (Prevention and Prohibition) Act, 2022, held on Thursday, December 18, 2025, at the National Assembly.
The Bill, sponsored by Senator Opeyemi Michael Bamidele, proposes to extend terrorist liability to conspirators, financiers, informants, and other ancillary actors, while prescribing capital punishment without the option of a fine or alternative sentence.
While acknowledging the severity of Nigeria’s kidnapping crisis and the legislature’s duty to protect public safety, the NBA cautioned that the Bill, in its current form, poses grave risks to constitutional governance and the integrity of Nigeria’s criminal-justice system.
In its Memorandum, the NBA noted that although the National Assembly has the constitutional authority to legislate on terrorism and security matters, such powers must be exercised in compliance with fundamental constitutional safeguards, including the right to fair hearing, proportional punishment, and the preservation of judicial discretion in sentencing.
According to the Association, legislation that mandates the death penalty without room for judicial evaluation of circumstances raises serious constitutional and jurisprudential red flags.
The NBA further criticised the Bill’s attempt to redefine terrorism by removing core elements traditionally associated with terrorist offences, such as ideological, political, or religious motivation, and the intent to intimidate a population or coerce government action.
It warned that classifying all acts of kidnapping as terrorism, irrespective of motive or context, would collapse the distinction between terrorism and conventional crimes, thereby diluting the conceptual integrity of Nigeria’s counter-terrorism framework.
The Association also highlighted that kidnapping is already extensively criminalised under the Criminal Code, Penal Code, and various state anti-kidnapping laws, many of which already prescribe severe penalties, including life imprisonment or death.
It argued that the Bill fails to adequately address jurisdictional overlap between federal terrorism prosecutions and state criminal jurisdiction, as well as potential conflicts in sentencing outcomes.
Of particular concern to the NBA is the Bill’s proposal to impose a mandatory death sentence not only for completed kidnapping offences, but also for attempts, conspiracy, or incitement.
The Association described this approach as a departure from settled principles of criminal jurisprudence, which recognise varying degrees of culpability and the importance of proportionality in punishment.
It warned that equating preparatory or peripheral conduct with completed offences could discourage desistance, cooperation with law-enforcement agencies, and intelligence-sharing.
The NBA also raised alarm over provisions extending capital liability to informants, transporters, harbourers, and persons providing logistical support, without clearly defining the requisite mental element or accounting for defences such as duress or coercion, particularly in vulnerable and conflict-affected communities.
Beyond constitutional concerns, the Association cautioned that the proposed amendments could have adverse policy and enforcement consequences, including overwhelming terrorism courts and security agencies with ordinary kidnapping cases.
It also noted that there is no conclusive empirical evidence that mandatory death sentences deter kidnapping in jurisdictions where the crime is already endemic.
In its recommendations to the National Assembly, the NBA urged lawmakers to adopt a more measured and constitutionally compliant approach.
Among other proposals, it called for:
1. Limiting Classification: Limiting the classification of kidnapping as terrorism to cases involving organised criminal or terrorist networks or an intent to intimidate the public or coerce government.
2. Discretionary Sentencing: Replacing the mandatory death penalty with discretionary sentencing.
3. Graduated Penalties: Introducing graduated penalties based on the degree of harm and role of the offender.
4. Clear Definitions: Clearly defining ancillary liability with intent requirements and statutory defences.
5. Harmonisation: Harmonising the Bill with existing federal and state laws.
The NBA concluded by reaffirming its commitment to supporting legislative reforms that enhance security while safeguarding the rule of law and fundamental rights.
It commended the Senate Committee on Judiciary, Human Rights and Legal Matters, and Interior, Security and Intelligence for the opportunity to present its views, and expressed readiness to provide further technical and legislative assistance as deliberations on the Bill continue.
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