A private member bill sponsored by the Speaker of the State House of Assembly, Mr. Mudashiru Obasa, seeks the death penalty for kidnappers in Lagos state.
Titled ‘A bill for a Law to provide for the prohibition of the act of kidnapping and for other connected purposes,’ the proposed legislation went through public hearing in Lagos on Friday.
The public hearing, which attracted stakeholders, took place at the Lateef Jakande Hall within the Assembly premises.
This bill is coming because of the high rate of kidnapping in Lagos following the recent cases of school children who were abducted from their schools by unknown gunmen. Also there have been many other cases of kidnapping in Lagos.
The bill states that any person, who kidnaps, abducts, detains or captures another person by any means, or tricks his or her with intent to demand ransom, is liable on conviction to receive the death sentence.
Also, 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 created a lot of different views as many persons had their suggestions on the issue.
Mr Richard Komolafe, from the United Action for Change (UAC), commended the move for stiffer penalty for kidnappers, but said that the death penalty was not a modernised act all over the world and that most countries practising such are being called upon to stop the act.
Komolafe, a lawyer, said hanging itself is inhuman by conventions as against life imprisonment.
Mrs Yejide Kolawole, the 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.
A Chief Magistrate in Lagos State, Mrs Seri Sholebo, said it was important to add conspiracy to the law as so far there has been no law that sentences them and it allows them to get involved in the unruly act.
Sholebo suggested 180 days window for trial of offenders rather than the stipulated 60 days, due to anticipated delay in handling the cases.
The legal adviser of the Lagos command of the Nigeria Security and Civil Defence Corps (NSCDC), Mrs Adebimpe Bada, said the bill was impressive and called for the protection of whistle blowers.
Mrs Idowu Alakija state Director of Public Prosecution (DPP), 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 acceptable, and had not been effective in serving as a deterrent, suggesting life sentence.
Mr Adefunmilayo Tejuosho, Chairman of the House Committee on Judiciary, Human Rights, Public Petition and LASIEC, whose committee handled the public hearing, said that the bill was necessary to curtail kidnapping in the state.
Tejuosho commended the sponsor of the bill, Obasa, saying that a stiffer penalty on the defaulters will help to curb the increase rate of 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.
“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.”