The Lagos State government may soon join the growing number of states that have imposed the death penalty on kidnapping and other related crimes in the state.
This is sequel to a private member bill before the state House of Assembly which sets to introduce that to aspects of the criminal law in the state.
The bill sponsored by the Speaker of the State House of Assembly, Rt.Hon. Mudashiru Obasa, stipulates that any person, who kidnaps, abducts, details or captures or takes another person by any means or tricks him or her with the intent to demand ransom or do anything against his/her will commits an offence, and liable on conviction to the death penalty.
The bill if passed will put Lagos State in the league of other states such as Edo, Ogun and Anambra that have introduced the death penalty against kidnapping in their domains.
The bill, which is titled: “A bill for a law to provide for the prohibition of the act of kidnapping and for other connected purposes”, went through a public hearing on Friday at the Lateef Jakande Hall within the Assembly complex with some stakeholders in attendance.
Under the law, attempt to kidnap may attract life imprisonment, while the bill is also against false representation to release a kidnapped or abducted person under section 4, and this attracts seven years imprisonment.
Furthermore, the bill provides that any person, who knowingly or willfully 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 and liable on conviction to a term of imprisonment of 14 years without an option of fine.
A legal practitioner, Mr.Richard Komolafe from the United Action for Change (UAC), who spoke at the stakeholders meeting, commended the bill but said that death sentence was no longer fashionable across the world.
Komolafe said, “Hanging itself is inhuman by conventions as against life imprisonment. I appreciate this bill, it is very timely, but we hope it will be passed in time.”
He, however, urged the lawmakers to find a way of not getting genuine rescuers from being roped in cases of pretentious kidnap.
Another stakeholder, who is the Director of Legal Drafting in the Lagos State Ministry of Justice, Mrs. Yejide Kolawole, who also commended the bill, said that it was essential that elements of conspiracy attempt 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.
Also, a Chief Magistrate in Lagos State, Mrs. Seri Sholebo said that it was fundamental to add conspiracy to kidnap, stressing that the ministry had not been able to convict offenders on conspiracy since 2011.
Sholebo however, suggested 180 days window for trials of offenders rather than the stipulated 60 days due to anticipated delay in handling the cases.
A Director in the Lagos State Office of Public Defender (OPD), Mr. Borokini Fatai wanted to know what would happen if the trial could not be concluded within 60 days, as he said that a defence counsel could ask for the withdrawal of the matter after the stipulated number of days.
The Legal adviser of the Lagos command of the Nigeria Security and Civil Defence Corps (NSCDC), Mrs. Adebimpe Bada called for the protection of whistle blowers on kidnapping, and stressed that she was very impressed with the bill.
The Lagos State Director of Public Prosecution (DPP), Mrs. Idowu Alakija said that there were challenges which would not make 60 days trial possible as she said that some victims and witnesses are unwilling to appear in courts for kidnapping cases.
Alakija, however noted that death sentence was no longer popular, and that it had not been effective and has not served as a deterrent factor, and suggested life sentence.
The Chairman of the House Committee on Judiciary, Human Rights, Public Petition and LASIEC, whose committee handled the public hearing, Hon. Adefunmilayo Tejuosho, had earlier said in her welcome address that the Bill was necessary to curtail kidnapping in the state.
She commended the sponsor of the Bill, who is also the Speaker of the House, Rt. Hon. Mudashiru Obasa, and said that stiffer penalty was needed to nip the trend of kidnapping in the bud considering the horrible experience victims of kidnapping usually go through.
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