Uche Emelonye Critiques Nigeria’s Proposed Death Penalty for Kidnapping

Former UN Human Rights Adviser, Professor Uche Emelonye, has expressed strong opposition to the Nigerian Senate’s current proposal to impose the death penalty for kidnapping. Emelonye described this legislative move as “moving in the wrong direction” and emphasized that the focus should be on prevention rather than harsher punishments.

In an interview with ARISE News on Wednesday, Emelonye articulated that introducing the death penalty is merely an afterthought that fails to address the root causes of kidnapping. “The death penalty introduction into criminal punishment in Nigeria happens when the kidnapping has occurred. But we should look at what happens before the kidnapping happens,” he stated. He urged that limited resources should be redirected towards preventive measures instead of escalating punitive actions.

Emelonye highlighted the need for a structured approach, asserting, “There should be a sequence. The first in the sequence should be preventive and not punitive.” He criticized the Senate for focusing on punitive legislation instead of developing preventive strategies. “The Senate is legislating to impose the death penalty on kidnapping. My school of thought is that the Senate should be preoccupied with legislating preventive measures in the interim. Ultimately, punishment will come,” he added.

Reflecting on recent legislative changes, Emelonye noted that in 2020, the Ninth Senate increased penalties for kidnapping from a maximum of ten years to life imprisonment. He questioned the effectiveness of this change, asking, “Are we safer now between 2020 and 2025? Is kidnapping reducing?” He pointed out that without addressing preventive measures, the legal system alone cannot ensure safety.

The professor further argued that increasing the penalty from life imprisonment to death will not achieve the desired results. He stated, “What the Senate is trying to do again is to raise the threshold from life imprisonment to death penalty. My proposition is we are moving in the wrong direction.”

Emelonye’s views are deeply personal; he recounted a traumatic experience when his brother was kidnapped shortly after his return to Nigeria. “It became my responsibility to make contact, negotiate ransom, and deliver it. I resonate with every Nigerian who has passed through this. What was clear in my mind was not how to punish these people. It is ‘never again’,” he said.

When discussing potential consequences for kidnappers who kill, Emelonye pointed out that existing laws already cover such crimes under murder statutes, which carry a death penalty. He challenged the notion that increasing penalties would serve as a stronger deterrent, stating, “If life imprisonment has not worked in the last five years, escalating it to death penalty will not make any difference when we are not doing what we need to do to prevent.”

Emelonye acknowledged some recent security measures aimed at addressing the issue, stating, “I commend the efforts to withdraw policemen from individuals and put them back into the pool to serve the country.” He emphasized that beyond numbers, the quality and effectiveness of law enforcement must also be improved.

He proposed that a security emergency must be accompanied by legal and operational reforms. “A state of emergency verbally does not suffice. There should be additional actions, formally communicated to the National Assembly,” he insisted. Emelonye also discussed the potential for temporary limitations on human rights during emergencies, provided such measures are enacted through proper legislative channels.

As he summarized his recommendations, Emelonye reiterated that Nigeria has already established life imprisonment for kidnapping and has maintained a moratorium on executions for nearly ten years. He identified three critical factors that need to be addressed to effectively combat kidnapping: the reckless use of phone communications in planning kidnappings, the proliferation of illegal arms, and the high number of out-of-school children, who may become future criminals.

He concluded, “These are what the country should bear in mind as we deal with penalty.” Emelonye’s insights offer a critical perspective on Nigeria’s approach to tackling kidnapping, advocating for comprehensive preventive measures rather than a reliance on punitive legislation.