According to EJIDE GBENGA-OGUNDARE, attorneys have persisted in characterizing the Terrorism (Prevention) Act 2013 (Amendment) Bill 2022 as a bad wind that benefits no one, nearly a month after the Senate approved it. When the measure becomes a law, it is anticipated that paying a ransom in the event of kidnapping will be illegal.

Since the Terrorism (Prevention) Act 2013 (Amendment) Bill 2022 was passed by the Nigerian Senate on April 27, 2022, Nigerians of all stripes, particularly those in the legal profession, have continued to denounce the bill and demand that it never be allowed to pass because it lacks a human face. The bill criminalizes family members paying ransom to kidnappers in order to free their loved ones from captivity.

The Senate said that by passing the bill, it will stop the rising number of kidnappings. Indeed, the chairman, Senate Committee on Judiciary, Human Rights and Legal Matters, Senator Opeyemi Bamidele, had said that the bill was also geared towards improving the effectiveness of counter measures being put in place against terrorism, and financing terrorism, emphasising that it is also “to discourage the rising spate of kidnapping and abduction for ransom.”

“It is our belief here in the Senate, that this bill, by the time it is signed by Mr. President, will enhance the efforts of this government in the fight against terrorism, kidnapping, and other associated and related vices,” stated Senate President Ahmad Lawan, in support of the bill’s ability to support the federal government’s efforts to reduce insecurity.

However, many stakeholders expressed the opinion that passing such a bill at this time, when insecurity seems to have overwhelmed the nation’s infrastructure and government seems helpless, is not only illogical but also inhumane. These arguments, however, did not sway many Nigerians who have continued to raise stiff opposition.

Why would the government criminalize the only way that individuals can safeguard their loved ones from being tortured and killed by kidnappers if it is unable to carry out its obligations to protect lives and property? Legislators that are elected to office to oversee our welfare will only pass laws that are not in our best interests because of their lack of clarity and workable ideas. The staff of the Oyo State judiciary, speaking anonymously, told Nigerian Tribune that “this thing they call a Bill does not in any way address the issue at hand or proffer solutions, rather, it seeks to make life more difficult for victims of kidnapping and their families and will also contribute nothing but endanger the lives of those kidnapped and even their loved ones.”

What is stated in the Bill?

“Anyone who transfers funds, makes payment or colludes with an abductor, kidnapper or terrorist to receive any ransom for the release of any person who has been wrongfully confined, imprisoned or kidnapped is guilty of a felony and is liable on conviction to a term of imprisonment of not less than 15 years,” according to the revised language of Section 14 of the Terrorism (Prevention) Act 2013, which was reviewed by the (Amendment) Bill 2022.
The revised Act essentially means that any family member of a victim of kidnapping will have to pay a ransom to have their loved one back. “After the trauma, they will be prosecuted and could receive a 15-year prison sentence for carrying out the government’s life-saving mission. This is absurd, remarked law student Ademide Thomas.

Furthermore, the Nigerian Bar Association (NBA) as a whole is not accepting this. Through its Section on Public Interest and Development Law (NBA-SPIDEL), the association of attorneys denounced the attempt by legislators to make ransom payments for abduction victims illegal without first addressing the problem of current insecurity and offering a remedy.

Dr. Monday Ubani, the chairman of NBA-SPIDEL, stated that laws should reflect the reality of a society. He called it horrifying that a nation that had “failed to provide security to the people it governs” was now criminalizing ransom payments made by the very victims who are defenseless and desperate to save their loved ones’ lives.

In actuality, abduction victims pay ransom out of extreme desperation and utter helplessness, knowing full well that the government has failed and is powerless to save lives and property or to gain the release of their loved ones from the den of kidnappers.

The House of Representatives is hereby urged to discard this piece of legislation without further thought since it is illogical and foolish. It is just nonsensical! Rather, Ubani said, the legislature should concentrate on passing legislation that will improve the country’s security and safeguard people’s lives and property.

Public speakers on the subject, including attorneys, stakeholders, and representatives of civil organizations, have denounced the measure in its entirety as an absurd endeavor that will only make an already dire situation worse. Chief Louis Alozie (SAN) stated the laws are simply giving cosmetic care to the ailments, accusing the Senate of starting on an exercise in futility. He pointed out that even though the crimes carry death sentences, the frequency of kidnappings and hostage-taking for ransom keeps rising daily. He encouraged the Senate to investigate the reasons behind the offenses.

Constitutional lawyer Wahab Shittu believes that although it is concerning when victims or their family members and acquaintances pay ransom, laws probably won’t be able to effectively combat the threat. “Such legislation is likely to be honored more in breach than observance,” he continued. The increasing prevalence of paying ransoms serves as an example of how the government has failed to fulfill its fundamental duty of putting the safety and well-being of its citizens first.

Olakunle Morohundiya is another individual who has publicly discussed the matter. He made the following claim: “Who in his right mind will not pay ransom if his loved one is kidnapped and the kidnappers are seeking a ransom? Since the bill won’t be followed, abduction incidents won’t decrease in any manner. The bill goes against what the populace wants. The sponsor only put it forth so he could include it in his list of sponsored bills,” he continued.

The law is “purely ridiculous, laughable, and a sheer waste of tax payers’ resources,” according to campaigner Debo Adeleke. It is also a waste of time because the goal for which the aforementioned law is sponsored is unrealistic and unhelpful. It is similar to the proverb that states that without knowing where you are going, it is impossible to hope to arrive. You will go aimlessly and endlessly without achieving your destination.

“The bill is absurd and at odds with the actual situation. What has the Terrorism (Prevention) Act accomplished since its enactment in 2013 is the question at hand.

Abayomi Omoyinmi, for his part, called the bill “an exercise in futility.” The goal, which is to deter people from paying ransoms to those who have been kidnapped and abducted, is misguided and, to put it mildly, unfeasible in the current environment. First of all, unless the government is prepared and more than willing to take all necessary steps to resolve the situation once and for all—that is, without treating it with kid gloves—it will not discourage terrorists from carrying out their practice of kidnapping. The government’s response to the persistent problem of kidnapping in the nation has fallen short of expectations.

Second, as ransom is the only assurance that the kidnapped individual has a chance of being liberated, the bill will not ultimately stop those who have been kidnapped from paying it for their safety and/or release. Kidnapped people can no longer rely on the authorities to provide their safety and security and will inevitably turn to their loved ones to appease their captors,” he continued.

Chief Yomi Alliyu (SAN) stated in an interview with Nigerian Tribune that “law is an engineer of societal good and acceptable morality.” What annoyance is that law intended to prevent, I wonder? Kidnapping is the solution. Like bigamy, the law is moribund from the beginning. No rational judge would convict a man for paying a ransom to free his wife or daughter from kidnappers. Judges of the Court of Appeal and the Supreme Court also paid ransom. Who covered the ransom when Justice Nabaruma, the Chief Judge of Yobe, was abducted in 2017?

“Seizing the license of any network used by the kidnappers to contact the family for ransom will go a long way in helping us stop kidnapping,” the statement reads. It will remain a lucrative industry in Nigeria until one or two communication networks face consequences for sending messages from kidnappers to the family. No call goes unanswered that does not reveal the mast that was used, and GPRS allows one to find out the exact position of the caller. Instead of focusing on the victim’s family, let’s focus on the instruments of the trade.

“Why can’t they pass legislation enabling state governments, and even local government councils, to purchase military drones that may be used immediately following an event to target and potentially eliminate kidnappers after demanding a ransom? Additionally, they can be utilized for reconnaissance in well-known locations like the Abuja-Kaduna route and all of the nation’s railroads. In addition, it can be used to strike big motorcycle convoys that are employed to attack villages and disrupt supply chains.

“Our engineers and the armored vehicle company in Ijebu can work together to produce them at a lower cost. The legislation against payment is wrong and demonstrates lack of empathy for family bonds and camaraderie,” he stated.

Barrister Foluso Olapo expressed his opinion that the law that makes it illegal to pay ransom to kidnappers is illogical, unrealistic, and ignorant. He further stated that the law is a waste of tax payer money because it does not further the cause of combating kidnapping, banditry, or terrorism.

The government’s incompetence and ignorance in handling the nation’s security crisis has resulted in the kidnapping of thousands of citizens, and tens more are still being abducted every day. People will therefore undoubtedly use all available methods, including paying a ransom, to liberate their loved one. Thus, making ransom payments illegal is wrong since it ignored the nation’s current security circumstances, he emphasized.

Dave Ajetomobi, the previous chairman of the NBA in Ikeja, was blunt in his remarks. He added, “Our overpaid and underperforming lawmakers have left leprosy to go in search of cure for ringworm!” and characterized the bill as a somber representation of legislative intellectual bankruptcy. They have firmly attributed the cause of insecurity to the unfortunate and defenseless people of Nigeria. Now that I think about it, would abduction have occurred everywhere as it does now if security services had lived up to their respective claims? Both of our guesses are valid.

“The NASS has resolved to punish unfortunate Nigerians for the failure of the Federal Government to carry out its responsibility in protecting lives and properties of the citizenry. If the security services are unable to save their loved ones, what action do they think the populace will take? to hold off until their demise? That law, in my honest opinion, makes no sense at all. Instead, I will advocate for the implementation of legislation that would penalize law enforcement officials for neglecting their duty to safeguard the lives and property of the public,” he continued.