Prof. Uchenna Emelonye, a former United Nations Human Rights and Rule of Law Adviser, has urged the Nigerian Senate to reject the proposed amendment seeking to introduce the death penalty for kidnapping under the Terrorism (Prevention and Prohibition) Act.
In an open letter addressed to the President of the Senate and other lawmakers, Prof. Emelonye said while kidnapping must be strongly condemned, expanding the death penalty would not reduce the crime and could distract the country from real solutions.
“I denounce kidnapping in the strongest terms and have no sympathy whatsoever for criminality,” he wrote. However, he warned that “symbolic penalties that offer emotional satisfaction without results” will not improve public safety.
Prof. Emelonye said his position is based on over 20 years of experience working with more than 22 governments as a UN Senior Human Rights and Rule of Law Adviser on counter-terrorism, criminal justice reform and public safety.
He also shared a personal experience, revealing that his elder brother was once kidnapped after his police orderly was shot.
“I negotiated directly with the kidnappers and delivered ransom at their dangerous den. I know the terror and helplessness families experience,” he said, adding that this experience makes him more convinced that Nigeria needs effective prevention, not harsher but ineffective punishments.
According to him, the proposal is based on a wrong assumption that kidnapping continues because penalties are too light. He explained that many Nigerian states already prescribe the death penalty for aggravated kidnapping.
“At least fourteen states, including Lagos, Ogun, Rivers, Enugu, Anambra, Oyo and others, already have anti-kidnapping laws with death penalty provisions,” he noted. “The persistence of kidnapping despite these laws shows that the problem lies not in legislative severity, but in enforcement incapacity.”
He also pointed out that executions are rare in Nigeria. “The last execution took place in Edo State in 2016. Expanding a punishment that is rarely enforced does not strengthen deterrence; it only exposes institutional weakness,” he said.
Prof. Emelonye warned that using the Terrorism Act to punish kidnapping could create legal and constitutional problems. He explained that kidnapping is largely a state crime under Nigeria’s Constitution and is usually handled by State High Courts.
“Attempting to federalise kidnapping through the Terrorism Act risks constitutional challenges and unnecessary legal uncertainty,” he said, adding that the Federal High Court is already overstretched.
The human rights expert argued that Nigeria’s own experience shows the death penalty does not deter violent crime. He noted that kidnapping has continued to rise even in states with the harshest laws.
“As of April 2024, about 3,504 inmates are on death row, yet fewer than fifteen executions have taken place in nearly two decades,” he stated. “If the death penalty were an effective deterrent, crime would have reduced. It has not.”
He stressed that criminals fear arrest more than punishment. “Offenders respond to the certainty of arrest, not the severity of punishment. Where arrest is unlikely, even death penalty has no deterrent value,” he said.
Prof. Emelonye blamed the persistence of kidnapping on weak institutions rather than legal gaps. He listed poor policing capacity, weak intelligence, slow response times, lack of forensic tools, poor SIM-card tracking, and the spread of illegal weapons as key problems.
“Fewer than 10% of kidnappers are arrested, fewer than 5% prosecuted, and fewer than 2% convicted,” he said. “When offenders expect impunity, punishment severity becomes meaningless.”
Instead of expanding capital punishment, Prof. Emelonye called on the Senate to focus on institutional reforms. He suggested a targeted and time-bound State of Emergency under Section 305 of the Constitution to tackle insecurity in kidnapping hotspots.
Such measures, he said, could include clearing forest camps, improving surveillance, strengthening border patrols, and disrupting criminal networks, while remaining lawful and human rights compliant.
He also urged the Senate to use its oversight powers to strengthen institutions by creating a National Kidnapping Prevention and Response Framework, improving intelligence-led policing, and properly funding specialised anti-kidnapping units nationwide.
“Strengthening institutions, not multiplying penalties, is the path to durable public safety in Nigeria,” Prof. Emelonye concluded.
He signed the letter as a former United Nations Human Rights Envoy, CEO of AfriRIGHTS, Visiting Professor at Bournemouth University, and Professorial Researcher at SOAS University of London.
The letter comes amid growing debate at the National Assembly over how best to respond to Nigeria’s worsening kidnapping crisis.