Kidnappers in Lagos must die, says House
Rattled by high profile kidnap cases in recent months, Lagos is seen taking further steps to check the heinous crime, as the state legislature is pushing for the introduction of capital punishment for kidnappers.
Two weeks ago, the state governor, Akinwunmi Ambode, issued an executive order for the demolition of shanties and all forms of illegal structures along the shorelines in the belief that such structures were aiding and abetting kidnappers who often escaped with their victims through the waterways.
It is, however, not certain whether the new measure being sought by the legislative arm will receive the support of majority stakeholders in the state, given widespread international opposition against capital punishment. United Nations (UN), a global body to which Nigeria belongs, abhors death sentence as a form of punishment for any crime, no matter how grievous.
A few states in the country, including Akwa Ibom and Edo at the peak of the kidnap saga in the south-south region, passed a legislation authorising death sentence for kidnapping. But this was not without strong criticisms by Amnesty International, which believes capital punishment for crime is not only archaic, but a violation of human dignity and right to life.
But Mudashiru Obasa, speaker of the Lagos State House of Assembly, and sponsor of the bill titled “A bill for law to provide for the prohibition of the act of kidnapping and for other purposes”, thinks differently.
At a public hearing on the proposed legislation on Friday, held within the Assembly premises in Ikeja, Obasa, represented by Sanai Agunbiade, the House majority leader, affirmed that those who engaged in the crime of kidnapping do not deserve to live. “The best we can do is to elaborate and increase the penalty to deal with the menace,” he said.
The proposed law is coming after a number of kidnap cases in Lagos this year, including that of Babington Macaulay Junior Seminary School, in Agunfoye-Lugbusi, Ikorodu, where two students were abducted on February 31; abduction of Yushau Oseni, the traditional ruler of Iba town, Ojo, from his palace on July 2, and the recent kidnap of four students, a teacher and principal, from Igbonla Senior and Junior Model College, Epe, on October 6, all of whom were released after payment of ransoms.
The bill being debated prescribes that any person, who kidnaps, abducts, detains or captures, or takes another person by any means, or tricks his or her victim with intent to demand ransom, is liable on conviction to death sentence.
An attempt to kidnap, in the bill, attracts life imprisonment, while false representation to release a kidnapped or abducted person, under Section 4, attracts seven years imprisonment.
Among others, it also provides that any person, who knowingly or wilfully allows or permits his premises, building or a place belonging or occupied to which he has control of, to be used for the purposes of keeping a person kidnapped is guilty of an offence under the law. Such a person is liable on conviction to a term of imprisonment of 14 years without an option of fine. The bill attracted divergent views at the public hearing.
Richard Komolafe, of the United Action for Change (UAC), welcomed stiffer penalty for kidnappers, but said that death sentence was no longer fashionable all over the world. Komolafe, a lawyer, believed that hanging is inhuman by conventions as against life imprisonment.
Yejide Kolawole, director of legal drafting, Lagos State Ministry of Justice, said it was essential that the element of conspiracy to kidnap be added in the bill.
“I suggest 21 years imprisonment for conspiracy to kidnap, depending on the level of involvement. However, seven years penalty for section 4 is too mild; I suggest 20 years to deter those who would want to engage in the crime.
“On Section 5, anyone who instigates kidnapping should be given a stiffer penalty of 25 years, though the person does not participate overtly in the act. On section 7, owners of a building used to aid kidnapping should have a higher punishment than mere forfeiture of property,” she said.
Seri Sholebo, a chief magistrate in Lagos, in his contribution, said it was fundamental to add conspiracy to kidnapping, as the ministry had not been able to convict offenders on conspiracy since 2011.
Sholebo suggested 180 days window for trial of offenders rather than the stipulated 60 days, due to anticipated delay in handling the cases.
Adebimpe Bada, legal adviser to the Lagos command of the Nigeria Security and Civil Defence Corps (NSCDC), commended the proposed law, but called for the protection of whistle blowers.
Idowu Alakija, director of public prosecution (DPP) in the state, said that there were challenges which would not make 60 days trial possible.
According to her, some victims and witnesses are unwilling to appear in courts for kidnapping cases. Alakija also said that death sentence was no longer popular, and had not been effective in serving as a deterrent, suggesting life sentence.
Adefunmilayo Tejuosho, a lawyer and chairman of the House committee on judiciary, human rights and public petition, whose committee handled the public hearing, said that the bill was necessary to curtail kidnapping in the state. For Tejuosho, stiffer penalty is needed to check kidnapping.
“We need laws to safeguard the citizens. We looked at the law on kidnapping and we felt that it should be amended to curb the crime.
According to Tejuosho, “criminal act has become lucrative and it is thriving today and this is worrisome. There must be a deterrent law to make the crime unattractive. The punishment should be severe and harsh.”
JOSHUA BASSEY