By Adenike Ayodele
Lagos, Dec. 16, 2025 – In a compelling intervention, former United Nations Human Rights Envoy and legal scholar, Prof. Uchenna Emelonye, has called on the Nigerian Senate to abandon its proposal to introduce the death penalty for kidnapping. Speaking during an online press briefing, the professor with over two decades of experience in criminal justice and counter-terrorism reform warned that such a punitive measure is a dangerous distraction from the systemic failures that truly enable the crime.
Emelonye’s appeal, directed in an open letter to Senate President Godswill Akpabio and the National Assembly, is rooted in both empirical evidence and personal trauma. He revealed that his elder brother was once abducted after his police orderly was shot—an experience that fuels his conviction that the focus must be on preventing kidnappings, not on escalating punishments after the fact.
“The families of victims endure unimaginable trauma, which underscores the urgent need for effective prevention and response, not symbolic, reactionary punishments,” Emelonye stated.
The Flawed Logic of Escalating Punishment
The core of Emelonye’s argument challenges a fundamental assumption in criminal policy: that harsher penalties deter crime. He presented a stark reality check, noting that Nigeria’s existing framework is already severe. “At least 14 states, including Lagos, Rivers, and Anambra, have anti-kidnapping laws that impose the death penalty in aggravated cases,” he explained. “The persistence of the crime is a clear indicator that enforcement, not legislation, is the primary challenge.”
He expanded on this with a powerful national statistic: “Nigeria currently has about 3,504 inmates on death row for various crimes, yet fewer than 15 executions have been carried out in nearly two decades. This inconsistency between law and practice creates a justice system that is severe in theory but impotent in practice, eroding public trust.”
Why the Death Penalty is a Counterproductive Solution
Emelonye outlined several critical reasons why the Senate’s proposal is misguided:
- It Misdiagnoses the Problem: “Kidnapping thrives not because penalties are insufficient, but due to poor detection, weak intelligence, low arrest rates, and fragile institutions,” he asserted. The real drivers are weak policing, poor inter-agency coordination, limited forensic capacity, porous borders, and the proliferation of illegal arms.
- It Undermines Certainty of Punishment: Criminological research consistently shows that the certainty of arrest and prosecution is a far greater deterrent than the severity of punishment. Nigeria’s low arrest and conviction rates for kidnappers render even the most extreme penalties ineffective.
- It Risks Constitutional and Logistical Chaos: Kidnapping is constitutionally a state crime. Federalising it by amending the Terrorism Act could disrupt state prosecution systems, overload the Federal High Court, and trigger protracted constitutional challenges, further delaying justice.
A Blueprint for Effective Action: Beyond Symbolic Legislation
Moving beyond criticism, Prof. Emelonye proposed a concrete, multi-pronged strategy focused on institutional reform:
- Targeted State of Emergency: He recommended a time-bound declaration under Section 305 of the Constitution, specifically focused on security infrastructure in the most affected regions, to allow for concentrated resources and action.
- National Prevention Framework: The establishment of a dedicated National Kidnapping Prevention and Response Framework to coordinate intelligence, victim support, and inter-agency operations.
- Intelligence-Led Policing: A fundamental shift from reactive policing to proactive, intelligence-gathering operations to disrupt kidnapping rings before they strike.
- Institutional Strengthening: The Senate should prioritize funding and reforms for police training, forensic labs, and border security technology over punitive legal expansions.
“The Senate has a historic choice,” Emelonye concluded. “It can pursue the politically expedient path of harsher punishments that sound tough but change little, or it can champion the more difficult, substantive reforms that will actually protect Nigerian citizens. We must choose the path of effective governance over empty symbolism.”
His intervention provides a critical evidence-based counter-narrative at a time of heightened public fear, urging lawmakers to address the root causes of insecurity rather than its symptoms.
(NAN) (www.nannews.ng)
Edited by Chinyere Omeire
