Wednesday, June 29, 2011

Nigeria: Proposed Death Penalty for Kidnapping

In Nigeria, the governor of Edo State, Adams Oshiomhole, is advocating the introduction for imposition of the death penalty for kidnapping.  The impetus for the law appears to be the recent separatist hostage-taking and terrorism spree in the south of the country rather than typical kidnapping per se.

The penalty, if passed, would appear to be unique in Africa.  If passed, the law would not immediately be unconstitutional (unlike the drug trafficking death penalty in the Gambia), although it may violate Nigeria's obligations under the International Covenant on Civil and Political Rights, which allows the death penalty only for the "most serious crimes."  A Nigerian court could find that the law violates Nigeria's ban on cruel, inhuman, or degrading punishment.  And the law would certainly violate an emerging international consensus (confirmed in UN and African Union resolutions) that the death penalty's scope could be restricted but should not be expanded.  In any case, such a law would be challenged and hopefully will invite more clarity from Nigerian courts.

The article, originally from Daily Trust, is here.

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