Criminalising ransom payment will inflict jeopardy on helpless Nigerians – Lawyers

Some lawyers in Kaduna on Thursday condemned the proposal to criminalise payment of ransom to kidnappers, contending that the law if enacted would inflict jeopardy on helpless Nigerians.

In separate interviews with the News Agency of Nigeria (NAN), the lawyers said the implication of the proposed law is that victims of kidnappings may be with their captors for long or they may even pay the ultimate sacrifice, death.

NAN reports that Sen. Ezenwa Onyewuchi had sponsored a legislative bill titled Terrorism Prevention (Amendment) Bill, which has passed its second reading.

The bill provides that: “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.’’

Mr Linus Nathan said that the government should address the root causes of extreme poverty that has increased insecurity in the country rather than criminalising ransom payment.

Nathan also advised the government to adopt technology to combat kidnapping and allied crimes, thereby giving felons no hiding space.

He said that the adoption of technology to fight crime would ensure that there are no ungoverned spaces in the country.

The lawyer further stated that resources and legislative energy for criminalising payment of random should rather be channelled into tackling the onslaughts of criminals on innocent citizens.

“Nigerians pay ransom because of the failure of the government to live up to the provisions of Section 14 (2) (b) of the Constitution of the Federal Republic of Nigeria.

“Section 14(2) (b) provides that the security and welfare of the people shall be the primary purpose of the government.”

He added that amendment of the bill may not yield better results in the fight against kidnapping because the government should be talking about very practical solutions before going into legislative activism.

Also, Michael David said that the reason why many pay ransom was because the security agencies were handicapped in getting intelligence to nip crimes in the bud.

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He said that the government which dialogues, grants amnesty and pays huge sums of money to repentant terrorists to appease them to desist does not have the moral right to criminalise payment of ransom.

David stated that the proposed amendment bill would traumatise victims of kidnap rather than help them and their loved ones

“Nigerians have been left at the mercy of criminals without the government and security agencies being able to rescue them.

“They are left with no options, parents and relatives of kidnap victims negotiate with bandits to secure the freedom of their loved ones.

“This cannot be our priority, our priority is for governments at the Federal, State and Local levels to redouble efforts to tackle the root of the problem.

“Government needs to work extra hard in dealing with the proliferation of arms in the country, especially in the hands of non-state actors, ” David stated.

Another lawyer, Hannatu Musa, said the bill had ignored the grueling pains that families of kidnapped persons go through during the interregnum when their loved ones are kept in unlawful captivity by outlaws.

Musa stated that the position of the 1999 Constitution (as Amended) mandates the government to secure lives and properties, but going a step further by imprisoning those who pay for the release of their loved one is simply over-reacting.

She said that it was the responsibility of the government to secure the lives and properties of her citizens from the hands of villains who kidnap for ransom, and not punish those who pay ransom for the release of their loved ones.

Musa called on the government to deploy more resources into the security agencies in order to secure its citizens and tackle insecurity in the country.