Terrorism (Prevention) Act 2013 (Amendment) Bill 2022: Lawyers raise stiff opposition

YEJIDE GBENGA-OGUNDARE reports that almost a month after the Senate passed the Terrorism (Prevention) Act 2013 (Amendment) Bill 2022, lawyers have continued to describe such as an ill wind which blows no one any good. The bill, when passed in law, is expected to criminalise ransom payment in the event of a kidnap.

SINCE the Nigerian Senate passed the Terrorism (Prevention) Act 2013 (Amendment) Bill 2022 on April 27, 2022, criminalising the payment of ransom to kidnappers by family members in order to rescue victims from captivity, Nigerians across all divides especially those in the legal profession have continued to condemn the bill and ask that it should never be allowed to see the light of day as it lacks a human face.

The Senate in passing the Bill had argued that it is a way of curbing the increase in kidnapping. 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.”

On his part, the Senate President, Ahmad Lawan, had said it would complement the Federal Government’s efforts in stemming insecurity, adding that “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.”

But these arguments did not sway many Nigerians who have continued to raise stiff opposition; many stakeholders have expressed the view that passing such a bill at this point in time when insecurity seems to have overwhelmed the country’s infrastructure and government seems helpless, is not only illogical but also inhumane.

“If government cannot perform its duties in protecting lives and properties, why would it criminalise the only means available for people to save their relatives from the jaws of death and torture at the hands of kidnappers? It is only confusion and lack of feasible ideas that will make lawmakers voted into office to see to our welfare pass bills that are not in our interest. 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 kidnap and their families and will also contribute nothing than endanger the lives of those kidnapped and even their loved ones,” a staff of the Oyo State judiciary who spoke on condition of anonymity told Nigerian Tribune.

What does the Bill say?

The (Amendment) Bill 2022 reviewed Section 14 of the Terrorism (Prevention) Act 2013 to now read: “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.”

In simple terms, the amended Act implies that any relative of a kidnap victim will face the penalty of paying ransom to secure the release of their loved one. “After the trauma, they will face prosecution and are liable to get a prison term of 15 years for doing the government’s work of securing lives. This is ridiculous,” Ademide Thomas, a law student said.

And as a body, the Nigerian Bar Association (NBA) is not letting this slide. The body of lawyers through its Section on Public Interest and Development Law (NBA-SPIDEL) condemned the attempt by lawmakers to criminalise ransom payment for kidnap victims without first addressing the existing insecurity challenge and proffering a solution to the malaise.

NBA-SPIDEL chairman, Dr. Monday Ubani, said a society’s laws ought to reflect its reality, describing as appalling the fact that a country that had “failed to provide security to the people it governs is embarking on a ‘suicide mission’ of criminalising ransom payment by the very victims that are helpless and desperate to save the lives of their loved ones.

“The truth of the matter is that victims of kidnapping pay ransom out of desperation and abject helplessness, knowing full well that the state has failed and is unable to protect lives and property or secure the release of their loved ones from kidnappers’ den.

“This piece of legislation under contemplation lacks logic and wisdom and the House of Representatives is hereby advised to jettison the bill without any further consideration. It does not make any sense at all! Instead, the legislature is strongly advised to focus on laws that will strengthen national security and protection of lives and property,” Ubani stated.

Lawyers, stakeholders and members of civil societies have spoken publicly on the matter, condemning the bill in its entirety as a ridiculous attempt that will only worsen a terrible situation. Chief Louis Alozie (SAN) said the laws are only giving cosmetic treatment to the ailments, accusing the Senate of embarking on an exercise in futility. He noted that the rate of abductions and hostage-taking for purposes of collection of ransom keeps increasing by the day, despite the fact that the offences carry death sentences. He advised the Senate to look out for the causes of the crimes.

For Wahab Shittu, a constitutional lawyer, while payment of ransom by victims or relatives and associates of kidnapping is worrisome, it is doubtful whether legislation can provide an effective antidote against the menace. He added that “such legislation is likely to be honoured more in breach than observance. The growing culture of payment of ransom is illustrative of the failure of government that shirks its primary responsibility of prioritising the security and welfare of the people.”

Another person that has spoken publicly on the issue is Olakunle Morohundiya, who argued that “Who in his right mind will not pay ransom if his loved one is kidnapped and the kidnappers are demanding a ransom? The bill will not reduce incidents of kidnapping in any way as it will not be adhered to. The bill is against public interest. The sponsor merely proposed it so that he can add it to the list of bills he has sponsored,” he added.

An activist, Debo Adeleke said the bill is “purely ridiculous, laughable and a sheer waste of tax payers’ resources. It is equally time wasting because the purpose upon which the said bill is sponsored is unachievable, it serves no useful purpose. It is like the common saying that one cannot hope to arrive when one doesn’t know where he’s going. You will travel aimlessly and endlessly without reaching your destination.

“The bill is preposterous and contrary to the reality on ground. The Terrorism (Prevention) Act was enacted in 2013; the question is what has the Act achieved since 2013?”

On his part, Abayomi Omoyinmi described the bill as “an exercise in futility. The objective which is to discourage ransom payment of people kidnapped and abducted is misplaced under this present situation and it is not workable to say the least. First, it will not deter terrorists from continuing their habit of abduction, unless the government is ready and more willing to do all things humanly possible to address the issue once and for all by not handling the matter with kid gloves. The government has failed in its responsibility in addressing the never-ending issue of kidnapping in the country.

“Secondly, the bill will ultimately not prevent persons kidnapped from paying ransom for their release and/or safety, especially since it (ransom) is the only guarantee that persons kidnapped are likely to be freed. Persons kidnapped can no longer rely on the government to protect their lives and security and invariably revert to their families and loved ones to meet the demands of their captors,” he added.

Speaking with Nigerian Tribune, Chief Yomi Alliyu (SAN) said that “Law is an engineer of societal good and acceptable morality. The question is what nuisance is that law seeking to curb? The answer is kidnapping. The law is moribund ab initio like bigamy. No right thinking judge will sentence a man for rescuing his daughter or wife from the pangs of kidnappers by paying ransom. Even Supreme Court and Court of Appeal judges paid ransom. When the Chief Judge of Yobe, Justice Nabaruma, was kidnapped in 2017, who paid the ransom?

“If we are serious in curbing kidnapping, death sentence against the perpetrators will go a long way so also seizing the license of any network used by the kidnappers in contacting the family for ransom. Until one or two communication networks are penalised for conveying kidnappers’ messages to the family, it will continue to be a thriving business in Nigeria. There is no call that does not disclose the mast used and the specific location of the caller can be made vide GPRS. Let’s concentrate on the tools of the trade than the family of the victim.

“Why can’t they make laws to allow state governments, even every local government council, to buy military drones that can be deployed minutes after the incident and target kidnappers possibly after taking the ransom and eliminate them? They can also be used for reconnaissance in notorious areas like Abuja-Kaduna road and all railways throughout the country. It can also be used to block supply chain and attack large motorcycle convoys used in attacking communities.

“The armoured vehicles manufacturer in Ijebu and our engineers can be mobilised to make them to cut cost. The legislation against payment is bad and shows lack of empathy for family ties and camaraderie,” he stated.

On his part, Barrister Foluso Olapo, was of the opinion that the law criminalising the payment of ransom to kidnappers is not only ill-informed but unreasonable and unrealistic, adding that “ in addition, it is a mere waste of tax payers money as it adds nothing to the fight against terrorism, banditry and kidnapping.

“Thousands of people have been kidnapped and tens are still being kidnapped daily due to the ineptitude and cluelessness of government in tackling the security situation of the country. So people are bound to resort to whatever means to free their loved one including the payment of ransom. Therefore criminalising ransom payment is wicked as it failed to regard the present security situation of the country,” he emphasised.

The former chairman, NBA, Ikeja, Dave Ajetomobi did not mince words. He described the bill as a sad reflection of legislative intellectual bankruptcy, adding that “our overpaid and underperforming lawmakers have left leprosy to go in search of cure for ringworm! They have squarely placed the blame for insecurity at the doorsteps of hapless and helpless Nigerians. Come to think of it, if the security agencies have lived up to their respective billings, would there have been kidnapping everywhere as we now have it? Your guess is as good as mine.

“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. What do they expect the people to do if the security agencies failed to rescue their family members? To wait until they are killed? That law does not make any sense in my humble view. Rather I will suggest that a law be put in place to punish officers who fail in their responsibility to protect lives and properties of the citizenry,” he added.

IN CASE YOU MISSED THESE FROM NIGERIAN TRIBUNE