In a strong critique of proposed legislative measures, a former United Nations human rights expert has insisted that introducing the death penalty for kidnapping is not a solution to Nigeria's security challenges. He argues that the focus must shift to fixing the country's weak enforcement institutions.
Decades of Experience Inform Stance Against Capital Punishment
Prof. Uchenna Emelonye, who served as a UN Human Rights Envoy and Senior Adviser, made his position clear during a virtual press conference. Drawing from over twenty years of international work on criminal justice and counter-terrorism with more than 22 governments, Emelonye stated that the Nigerian Senate is mistaken in its belief that harsher penalties will curb kidnapping.
"Kidnapping thrives because detection is weak, intelligence poor, and institutions fragile," he explained. The CEO of AfriRIGHTS and visiting Professor at Bournemouth University, UK, warned that expanding punitive laws only distracts from necessary reforms and creates a false sense of political achievement without making people safer.
Existing Laws Are Sufficient, Enforcement Is the Problem
Emelonye pointed out a critical flaw in the logic behind the proposed amendment to the Terrorism Act. He revealed that Nigeria already has a complex web of laws prescribing the death penalty for aggravated kidnapping at the state level. At least 14 states, including Lagos, Rivers, Anambra, Kano, and Oyo, have such statutes in place.
"These statutes demonstrate that there is no legal vacuum requiring federal reinforcement," he noted. "The persistence of kidnapping despite these laws shows that the problem lies not in legislative severity, but in enforcement incapacity." He described the move to add another federal capital offence as legally redundant and a potential "symbolic statute" that would fail in practice.
A Blueprint for Institutional Strengthening
Instead of focusing on penalties, the former UN envoy urged the National Assembly to use its oversight powers to drive institutional reform. He presented a concrete alternative plan for lawmakers to consider:
- Legislate a National Kidnapping Prevention and Response Framework under the Office of the National Security Adviser (ONSA) to coordinate agencies and standardise protocols.
- Establish and maintain a national kidnapping intelligence database.
- Provide statutory backing and dedicated funding for Anti-Kidnapping Units across the nation, ensuring they meet minimum operational standards and have specialised capacity.
- Resource intelligence-led policing with modern tools like regulated geolocation access, data-fusion centres, and lawful surveillance capabilities.
Emelonye concluded with a powerful summary: "Strengthening institutions, not multiplying penalties, is the path to durable public safety in Nigeria." He emphasized that these measures represent a credible, lawful, and effective response that falls squarely within the Senate's constitutional mandate.
