The Federal Government has warned that imposing the death penalty on terrorists will not end insecurity in Nigeria.
Instead, the Tinubu administration said such punishment could worsen the country’s security challenges.
FG Rejects Death Penalty Proposal
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi (SAN), spoke at a public hearing on proposed amendments to the Terrorism (Prevention and Prohibition) Act.
The hearing involved the Senate Committees on Human Rights and Legal Matters, National Security and Intelligence, and Interior.
Fagbemi opposed a Senate proposal seeking to prescribe the death penalty, without an option of fine, for kidnapping-related terrorism offences.
‘Martyrdom Trap’ Argument
According to the justice minister, capital punishment 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,” Fagbemi told lawmakers.
He explained that extremist groups often view execution as validation.
“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,” he said.
Impact on International Cooperation
Furthermore, Fagbemi warned that introducing the death penalty could weaken Nigeria’s global counterterrorism partnerships.
He said it could complicate extradition and mutual legal assistance agreements.
“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.”
As a result, he said terror suspects could remain abroad.
“By including this provision, we may inadvertently create a safe haven abroad for the very masterminds we seek to bring to justice,” he added.
Execution Challenges in Nigeria
In addition, the Attorney General highlighted Nigeria’s difficulty in carrying out death sentences.
He said many state governors are unwilling to sign execution warrants.
“This hesitance has created a de facto moratorium that leaves condemned terrorists sitting indefinitely in our correctional facilities,” Fagbemi said.
Legal and Moral Risks
Finally, Fagbemi warned about the irreversible nature of capital punishment.
“The finality of the death penalty leaves no room for the rectification of errors, should fresh evidence come to light,” he 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.
