Anti-Kidnapping Legislations in Nigeria: A Comparative Approach

• Author: J. Edobor
• DOI: 10.10520/ejc-lesotho_v27_n1_a3
• Published date: 01 January 2022
• Date: 01 January 2022
• Pages: 49-80

ANTI-KIDNAPPING LEGISLATIONS IN NIGERIA: A

COMPARATIVE APPROACH

Edobor J. *

Abstract

The act of kidnapping has become both social and economic

challenges in Nigeria. This has affected the country because

most foreign countries have resorted to warning their citizens

to be wary of visits to Nigeria. Thus, many would-be investors

have stayed away from the country for fear of being kidnapped

or killed in the process. It is therefore obvious and appalling

state of social and security confusion in Nigeria that fuelled the

recent legislative reactions both by the federal government and

some state governments in Nigeria. This however, resulted in

the enactment of laws with more stringent provisions than the

ones contained in the Criminal Code Act applicable in the

southern part of Nigeria, and the Penal Code which is

applicable in the northern part of Nigeria respectively, with a

view to stamping out the menace from existence as a social and

security problem in Nigeria. However, this study questions the

effectiveness or otherwise of these legislations in deterring or

curbing the menace of kidnapping in Nigeria by taking a

comparative look at the relevant provisions of some states’ laws

in Nigeria having bearing on the offence of kidnaping, as well as

the relevant provisions in some foreign jurisdictions and

appraise the usefulness or otherwise of these provisions having

regard to the realities of the kidnapping menace in Nigeria and

thereafter proffer some policy recommendations.

50 LLJ Vol. 27 NO. 1

INTRODUCTION

Kidnapping as a phenomenon is carrying off a person

surreptitiously for an illegal purpose.

1

The current dimension of

kidnapping in Nigeria became alarming in the Niger Delta region

when militants in February, 2006 abducted some oil workers

ostensibly to draw global attention to the dire situation of the oil

rich Niger Delta region of the country and the victims were mostly

foreigners (expatriates). Since then, the social malaise of kidnapping

has spread like wild fire in most part of the country, especially in

the South Eastern region. The targets are no longer foreigners alone,

practically, every Nigerian is now a target.

2

The offence of kidnapping has become endemic in the Nigerian

society. It has become a lucrative violet crime which is alternative to

armed robbery offence. The gravity of the menace is so intense that

it has virtually affected most persons in the society. When the

supposed freedom fighters in the Niger Delta started its activities,

their initial objective was to use the medium to drive home their

demands for a re-negotiation of the Nigerian project and the Niger

Delta State therein. This however, gradually degenerated into large

scale criminal activities including hostage taking and ransom

collection. Thus, what was initially conceived as a tool of

ideological struggle has become a major criminal source of

livelihood. Kidnapping has presently become an industry not only

* Julius Edobor, LL.M, B.L; Lecturer, Department of Public Law, Faculty of

Law, University of Benin, Nigeria. He can be reached on: Julius edob or

@uniben.edu, Tel; +2348173761212.

1

Eke Chinwoku, “Terrorism and the Dilemmas of Combating the menace

in Nigeria,” International Journal of Humanities and Social Science, vol. 3,

No. 4 (2013):268.

2

Inyang Domingo, “The Social pr oblem of kidnaping and its implications

on the social-economic Development in Nigeria: A study of Uyo

Metropolic,” Mediterranean Journal of Social Science, vol. 4, NO. 6 (2013);

531.

51

in Nigeria, but also, in other parts of the world.

3

In other words,

some but not limited to the reasons for its occurrence as a booming

industry include: firstly, the immense benefit derivable there-from

by way of income as it yields far more illegitimate money with

criminal risk than armed robbery. Secondly, there is the almost

certain assurance that the family, or relations of the abducted victim

will comply and dole out the ransom demanded to free the victim

without involving the police for fear of the fact that the victim

might be killed by the kidnappers should the law enforcement

agents be involved in the release process. Thirdly, persistence of

kidnapping is seen as a fallout of bad governance, lax legislation

and weak law enforcement system in the country.

It suffices to note that, the offence of kidnapping therefore, has both

social and economic implications for Nigeria as a country because it

has affected the country since most foreign countries have resorted

to warning their citizens to be wary of visits to Nigeria.

4

Thus,

many would-be investors have stayed away from the country for

3

Rcoyn Pharaoh, “Kidnapping for Ransom in South Africa: An unknown

quantity,” South Africa Crime Quarterly, No. 14, December, 2005, pp. 23-

28. Also available on the web in pdf format.

4

See for instance, the Statement issued by US Department of State in a

travel guide about Nigeria, posted on the web and aptly captured or

noted by Ani Comfort Chienyere, in her work, "Armed Robbery and

National Sec urity" in Law and Security in Niger ia, a publication of the

Nigerian Institute of Advanced Legal Studies, Lagos, dated 5"Ja nuary,

2007. Pp. 93-94. Ava ilable at Benjamin Anosike, "War Against Armed

Robbery and Kidnapping in Nigeria: Is the Yar Adua Government and

other State Governments really serious?" A web publication dated 20 th

September, 2009. Available at

www.pointblanknews.com/artopn1765.html. Accessed 6th October,

2015.