NBA kicks against mandatory death penalty for terrorism, kidnapping
The Nigerian Bar Association (NBA) has opposed proposals to broaden the legal definition of terrorism and impose mandatory death penalties for kidnapping-related offences, cautioning that such measures could erode constitutional
The Nigerian Bar Association (NBA) has opposed proposals to broaden the legal definition of terrorism and impose mandatory death penalties for kidnapping-related offences, cautioning that such measures could erode constitutional protections and established principles of criminal jurisprudence.
The position formed part of the resolutions adopted at the National Executive Council (NEC) meeting of the Association held on Thursday, February 5, 2026, at the Muhammadu Indimi International Conference Centre in Maiduguri, Borno State.
In a communiqué signed by NBA President, Mazi Afam Osigwe, SAN, and General Secretary, Dr. Mobolaji Ojibara, the Council expressed concern over a proposed Bill seeking to redefine terrorism by removing the ideological, political, or religious elements traditionally associated with the offence. The Bill also proposes extending the death penalty to kidnapping and related crimes.
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NEC observed that kidnapping is already criminalised under various federal and state laws and warned against what it described as an overbroad classification of offences and the imposition of disproportionate punishment.
According to the Association, making the death penalty mandatory for ancillary or related offences violates the principle of proportionality and undermines judicial discretion in sentencing.
“Mandatory death sentences for ancillary offences offend principles of proportionality and criminal jurisprudence,” the communiqué stated.
The Council recommended that the classification of terrorism be limited to organised criminal networks with demonstrable coercive intent. It further advocated discretionary, rather than mandatory, sentencing, the inclusion of clear statutory defences, and the harmonisation of federal and state criminal laws to prevent overlaps and inconsistencies.
While reiterating its support for legislative reforms aimed at strengthening national security, the NBA emphasised that such measures must not infringe on fundamental rights or compromise due process. The Association pledged to provide technical assistance to the National Assembly to ensure that any amendments align with constitutional standards and international best practices.
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Beyond the terrorism debate, NEC condemned the resurgence of violent crimes in the Federal Capital Territory, which recently claimed the lives of Ms. Chinemerem Pascalina Chuwumeziem, a nurse, and Princess Chigbo Mediatrix, a legal practitioner and former Treasurer of the NBA Abuja Branch. The Council called for transparent investigations and the prompt prosecution of those responsible.
On professional regulation, NEC reaffirmed its support for proposed amendments to the Legal Practitioners Act, clarifying that the changes are intended to strengthen, not diminish, the NBA’s regulatory authority. It also approved the introduction of an end-to-end Digital Seal System to complement the existing Stamp and Seal regime.
The Council further raised concerns over excessive spending by aspirants in the forthcoming NBA national elections, warning that the monetisation of the process threatens the integrity of the Association.
On broader electoral reforms, NEC criticised the Senate’s rejection of mandatory electronic transmission of election results and urged lawmakers to ensure transparency and credibility in future elections.
The Nation reports that the meeting was attended by national officers, past leaders, Senior Advocates of Nigeria, branch chairmen, and other stakeholders, who unanimously resolved that the NBA would remain “principled, proactive and firm in the defence of legality and constitutional governance.”
