DEPARTMENT OF INTERNATIONAL

STUDIES AND DIPLOMACY UNIVERSITY OF BENIN  ISD 326 (ASSIGNMENT) ON

AN EXAMINATION OF THE EFFECTIVENESS OF ANTI-KIDNAPPING LEGISLATIONS IN NIGERIA: ALEGISLATIVE APPROACH TO A SOCIAL MALADY

BY OKPERE LUCKY OSEWE ART0900744 10TH OCTOBER 2012

CHAPTER ONE

AN EXAMINATION OF THE EFFECTIVENESS OF ANTI-KIDNAPPING LEGISLATIONS IN NIGERIA: ALEGISLATIVE APPROACH TO A SOCIAL MALADY

Abstract

Kidnapping dates as far back as the seventeenthcentury and is more recurrent in present daytwenty-first century especially in Nigeria. Thismenace and its negative effects are far reachingon the nation’s economy. The Federal Governmentand some States of the federation have enactedlaws for checkmating the dastardly act ofkidnapping pursuant to their powers under theconstitution. The thrust of this paper is toexamine the adequacy and effectiveness of theprovisions of the anti-kidnapping laws inNigeria comparatively with the anti-kidnappinglaws in other jurisdictions outside Nigeria andto further recommend possible solutions tofirmly address the issue of Kidnapping inNigeria.

Definition of Kidnapping

The Black’s Law Dictionary1 defines kidnappingas; the crime of seizing and taking away aperson by force or fraud. (The courts mayperhaps extend it to a taking by deception2).

1 Blacks Law Dictionary, 8th Edition (Minnesota; Thompson Publishing 2004)page 886.2 G. Williams ‘Criminal Law’ 4th Edition (1983) pg 219.

It also compartmentalised the term into fivetypes which include; kidnapping accompanied bysome aggravating factor(such as a demand forransom or injury of the victim, child kidnappingwhich is kidnapping of a minor, often withoutthe element of force or fraud(as when someonewalks off with another’s baby), simplekidnapping, kidnapping for ransom which issometimes made a capital offense and usually inaddition to the abductor, the go-between whocollects the ransom is generally consideredguilty of the crime. The next is parentalkidnapping which it defines as the kidnapping ofa child by one parent in violation of the otherparent’s custody or visitation rights regulatedby the Parental Kidnapping Prevention Act.3 Insome countries such as the United States a largenumber of child abductions arise afterseparation or divorce when one parent wishes tokeep a child against the will of the other oragainst a court order. In these cases, it is notconsidered kidnap if the child, being competent,agrees.4

The Wikipedia online dictionary further adds asixth type of kidnapping. Bride kidnapping, alsoknown as marriage by abduction or marriage bycapture, in which a man abducts the woman hewishes to marry. Bride kidnapping still occursin countries spanning Central Asia, parts ofAfrica, and some parts of Europe to mention afew. The term also includes elopements, in whicha couple take off together and after sometime,seek for parental blessing; these may be3 28 United States Code. Sec. 1738A4 The Wikipedia free dictionary http.wikipedia.org accessed on 20th August 2011.

referred to as non-consensual and consensualabductions respectively5.

Kidnapping in Nigeria

The Niger Delta region of Nigeria has attractedglobal attention over the years since thediscovery of crude oil in Oloibiri, a hithertosleepy area6 of Rivers state in 1956 after halfa century of exploration by Shell D’Arcy, thesole concessionaire at that time.7 Afterindependence, exploration rights in onshore andoffshore areas adjoining the Niger Delta wereextended to other foreign companies. Since thenseveral other oil wells have been discovered inother regions of the Niger Delta and theexploration and exportation of the goldennatural resource form a huge percentage ofNigeria’s revenue generation and foreignexchange earnings.8 Sadly, the fallout of thisdevelopment in the region has been various formsof militancy, violence and crime, includingkidnapping. At the root of the problem is acrisis of underdevelopment.9 The crisis has beenworsened by emergent issues of a grossdistortion of Nigerian federalism in respect toresource control; citizenship rights andenvironmental degradation.10

5 Ibid.6 Ellen, ‘The Effectiveness of Anti-Kidnapping Laws in Nigeria’ available at http://docstoc.com/kidnapping. accessed on 21st August2011.7 ‘History of the Nigerian Petroleum Industry’. Available at http://www.lubconinternational.com accessed on 27th August 2011.8 Ibid.9H. T. Ejibunu, ‘Nigeria’s Niger Delta Crisis: Root causes of peacelessness’.Available at http://www.epu.ac.at/epu/research.com .accessed on 20th August 2011 10Ibid.

The current wave of kidnapping began with theabduction of expatriate oil workers by theMovement for the Emancipation of the Niger-Delta(MEND, a youth group) in late 2005 as a means ofalerting the world of the many years ofinjustice, exploitation, marginalization andunderdevelopment of Niger-Delta region.11 Thesekidnaps were unaccompanied by demand for anyform of ransom whatsoever in the early stages.The refusal of the Federal Government of Nigeriato address the grievances of MEND which include;the amendment of the Land Use Act to give oilrich states more power over their resources,development of the oil producing areas, and thatthe issue of natural resource control and selfdetermination be recognized for the protectionof their minority status, triggered the trend ofkidnapping now gaining grounds in the twenty-first century.12 Kidnapping, especially offoreign oil workers hitherto rampant only in theNiger Delta, especially kidnapping for ransom,has now spread into many other States insurrounding the Niger Delta including the SouthEast region. Kidnapping has become an attractivecourse of business to individuals, who, thoughnot militants, have engaged in the nefarioushabit because of monetary benefits accruing fromthe seemingly lucrative business venture13 Itlater extended to abducting children andrelatives of the affluent citizens alike inorder to obtain ransom or monetary compensationfor effecting release. Sadly now, the victims

11 I.D. Odoh, ‘Kidnapping in Nigeria and its Root Causes’ available @www.tncp.net. accessed on 12th Sept 2011.12 Supra n 7.13 Hakeem Jamiu ‘The Rising Wave of Kidnapping in Nigeria’ availableat http://www.dailytrust.com accessed on 19th August 2011.

range from politicians, business persons, civilservants, youth service corp members, pettytraders and stall owners14, market women,traditional rulers, lawyers, bankers, andindividuals from all works of life including therelatives of these individuals and even innocentschool children15. The ransom is demanded in agraduated manner according to the worth of thevictim. Huge and sometimes outrageous sums arerequested from victims from rich familybackground while it is whittled down in cases ofaverage and poor victims. According to recentFederal Bureau of Investigation (FBI) globalkidnap rating, Nigeria has ranked fourth in theworld although it was not disclosed whichcountries ranked before Nigeria.16 An FBI agent,Ms Jennifer Dent, disclosed this at an Alumnilecture organized by the Hubert H HumbertFellowship Program held at the NigerianInstitute of International Affairs (NIIA) inLagos.17

Kidnapping in Nigeria is taking a ratherdangerous turn. There are situations wheregreedy individuals who would want to fleecetheir well-to-do relatives of their hard-earnedcash could organise their kidnapping and sharethe loot with the kidnappers...18 Some even go14 It is shocking that a bean-cake (popularly known as ‘akara’ in Nigeria) seller behind my house in aduwawa was whisked away and herrelatives were called upon to pay a ransom as low as ten thousand naira only whereupon she was released.15 BBC News- ‘Ransom Demand after gunmen seize Nigerian School Children’ available at http://www.bbc.co.uk/news/world-africa accessed on 23rd August 2011.16 Vanguard Newspaper, Sunday 13th November 2011. Page 1,5. 17 Ibid.18 A vivid example of this situation was where an elder brother to a successful transporter in Benin City, Edo State orchestrated the

as far as arranging a make-believe kidnap ofthemselves just to gain some money off theiraffluent relatives. There are even instanceswhere children organise their own fake kidnapsjust to get some money off their rich parents.Employees now indulge in it to get money fromthe establishments where they work. Politiciansdo it to raise money from their opponents or toweaken the opposition. Victims of kidnap afterpaying huge ransom to secure their release donot usually report the case for fear of re-occurrence.

latter’s kidnap in order to make some money from his own brother! Unfortunately, his brother, the victim was killed in the process. The heart of man is indeed desperately wicked.

CHAPTER TWO

Causative Factors and Effects of Kidnapping inNigeria

Joblessness among Nigerian youths is major causeof militancy and kidnapping that can no longerbe treated cavalierly19. The increased spate ofkidnapping in the Niger Delta and South Eastregions are part of the prize a society pays fornot constructively engaging its youths inproductive endeavours.20 Unfortunately, thefunds meant to create employment have beenembezzled by a few greedy and corruptpoliticians at the country’s helm of affairsover the years and currently. Most of thesekidnappers oftentimes complain about this factto the hearing of their victims. Had they hadsomething legitimate to do, taking to kidnappingwill be least unlikely.21

Political thuggery is also another causativefactor of kidnapping. Instead of engaging theyouths in honest employment , politicians inorder to win elections or remain in power by allmeans, equip these youths especially duringelection period, with all sorts of weaponry inorder to intimidate the opposition and realizetheir “do or die” ambitions of winning electionsat all costs22 . After gaining the throne ofpower, they neglect to retrieve these weapons19 I. Agbu, ‘Checking kidnapping in the Niger Delta’ available at allAfrica.com accessed on 27th August 2011.20 Ibid.21 Osagie Otabor ‘My Abductors Decried Unemployment’ (The Nation Newspaper) available at http://www.thenationonlineng.net/2011. accessed on 21th Sept 2011. (Chairman of Tomline Conglomerate Elder Tes Soare, who was abducted in Benin City, said his abductorslisted unemployment as one of the major reasons for their taking tokidnapping).

and hence the youths employ them as tools forperpetrating atrocities including kidnapping.Further, these youths are usually not paid orunderpaid by the politicians and in a bid torecover their payment for ‘services’ renderedduring electioneering, they resort to kidnappingand abducting the politicians personally ortheir relatives for ransom.

Ostentatious display of ill-gotten wealth bypoliticians is another reason kidnapping casesare rife in Nigeria23. Our corrupt leaders havea habit of showcasing wealth accumulated fromembezzlement of national funds. Thus thehitherto unemployed youths become aggrieved andin a bid to get their own share of the ‘nationalcake’, abduct them or their relatives and demandfor huge ransom in return for their release.Apart from politically motivated kidnapping, thetrend is also used as a means of settlingpersonal grievances and vendetta betweenfamilies which is not so common in Nigeria.

Furthermore, there is no mechanism in place forthe effective prosecution of the criminals whoindulge in kidnapping. The reason for this issimply that the chances of apprehendingkidnappers by the law enforcement officers arevery slim, and our laws, though containingcopious provisions designed to nip this socialmenace in the bud, are seldom implemented and sothe trend carries on with little or noinhibition. Presently the Police force is the22 M. Adega, ‘Nigeria worsening epidemic of kidnappings: Must Many More Have to Suffer?’ available at http://saharareporters.com. accessed on !7th Sept 2011.23 How i was kidnapped, Released, by Pete Edochie available at http://www.modernghana.com accessed on 27th September 2011.

only organ with the incidental duty ofprosecuting criminals which duty they have foundhard to grapple with as they are not exactlytrained to tackle kidnapping. There is a dearthof knowledge or expertise as to the knowledgeand dynamics of this phenomenon.24 The policeforces are not paid well enough to motivate themto do a thorough job. Also, there is dearth ofequipment to effectively accost and deal withthe situation.

Additionally, the rise in the spate ofkidnapping is attributable to the non-cooperative attitude of families of kidnapvictims who encourage their abductors bychoosing to pay ransom instead of reporting andallowing security agents to handle thesituation.

The adverse effects of this otherwise atrocioussocial vice to a nation’s polity bothdomestically and internationally are numerous.

The physical and emotional bastardization of thevictims of kidnap are unfathomable and that iswhen they are released alive. They usually havegory tales of manhandling to tell. Women areoftentimes raped or sexually abused though theydo not report this for fear of stigmatization.Some of these persons taken hostage, in extremeinstances, do not come out alive thusoccasioning needless loss of lives and on fewoccasions are not even discovered at all and aredeclared by the police as missing persons not tomention the rigours of psychological and

24 R. Abati, Ransom Kidnapping, HostageTaking and a Bewildered Nigeria

emotional turmoil the relatives of these victimshave to go through during the negotiationprocess with the faceless kidnappers and thehuge financial chunks they have to part with tosecure the eventual release of their loved ones.

A nation or state besieged with the problem ofkidnapping also suffers a lot of economicsetback. Other nations and hitherto affluentcitizens who would otherwise be interested ininvesting in such areas consider it a risk to doso. Industries already existing in kidnap-proneareas are forced to shut down their operationsand relocate to other areas for fear of thesafety of their workers. For example sometime in 2007, the constructiongiant, Julius Berger, shut down its operationsin the Niger Delta as an alternative to payingan alleged thirty two million ransom demandedfor the release of its kidnapped expatriateworkers, an action that affected on-goingconstruction work being undertaken by thecompany in the region resulting in thefrustration of some other road projects whichwere awarded based on the Julius Bergerconstruction project.25 The citizens of anation with a high rate of kidnapping incidencesare insecure and in extreme cases, have torelocate to other areas within the state or fromthe country. Nigerians are living in fear andhave lost confidence in the government inproviding security for its citizenry. Mostindividuals especially the rich ones, have begun

25 ‘125 billion naira projects abandoned as Julius Berger Quits Niger Delta’ available at http://www.oyibosonline.com accessed on 21st September 2011.

to shun social gatherings and meetings due togrowing suspicion and fear of being victims.

Anti-Kidnapping Legislations in Other Jurisdictions

Kidnapping is also a crime in England but it isnot codified. Kidnapping is an offence underthe common law of England and Wales requiring:that one person takes another person away; byforce or fraud; without the consent of theperson taken; and without lawful excuse26. It isa misdemeanour at common law.

In R v Reid27 one issue raised was whether thekidnapped victim must be held and kept in asecret place. Whereupon Cairns LJ observed28that there is ‘’.... no reason in authorityor in principle why the crime should not becomplete when the person is seized and carriedaway, or why kidnapping should be regarded, aswas urged by counsel, as a continuing offenceinvolving the concealment of the person seized."The case of R v Wellard29 further established thatthe 'taking and carrying away' did not have toinvolve physical removal of the victim. It wasenough if the defendant so acted as to cause thevictim to feel that she was compelled to submitto his instructions and move a comparativelyshort distance from one place to another. Seealso the recent case of Hendy-Freegard v. R.30

Kidnapping in England is punishable withimprisonment or fine at the discretion of the

26 Established in the English case of R v D [1984] AC 778 27 [1972] 56 Cr App R 703.28 29 (1978)67 Cr App R 364.30 (2007)ECWA Crim 1236.

court31. The sentence for kidnapping is leftentirely to the discretion of the English courtsin so far as it is not inordinate.

In South Africa, the ingredients of kidnappingconsist of unlawfully and intentionallydepriving another person of his or her freedomof movement and if that person is a child, thecustodians of their control over the child.32

Forcible removal is not a requirement as theremoval may be effected by cunning or deceptionas in the case of State v. Long where xpretending to be a photographer‘s assistant,deceived a little girl out of her school. Thecrime can also be committed without having tomove the victim at all from the position he orshe is provided that the victim is concealed orhidden where he or she is.33 Kidnapping orabduction in South Africa attracts imprisonmentfor life.

What obtains in the United States of America islaudable. The United States was ranked sixth inthe world for kidnapping for ransom, accordingto the available statistics (after Colombia,Italy, Lebanon, Peru, and the Philippines) withPhoenix, Arizona as the kidnapping capitals ofAmerica.34.

31 R v Morris [1951] 1 KB 394, 34 Cr App R 210, CCA32 H.Milton ‘South African Criminal Law and Procedure’ 3rd Ed. 1996.P.539;Mellors case (1990)1 SACR 347.33 State v. Levy (1967)1 SA 351; Mellors case supra n. 36.34 H.A. Revzan, ‘The secret response to kidnapping’ available athttp://findarticles.com accessed on 26th August 2011. Phoenix,Arizona is the kidnapping capital of America. With 370 cases in2010, Phoenix is ranked second in the world (ranked first is MexicoCity.

At Federal level, following the highlypublicized 1932 Lindbergh kidnapping35, theUnited States’ Congress passed the FederalKidnapping Act, which enables federalauthorities step in and pursue kidnappers oncethey had crossed state lines with their victim.Since federal law enforcement, such as FBIagents, have national law enforcement authority,Congress believed they could do a much moreeffective job of dealing with kidnappings thancould state, county, and local authorities.36

The act provides that if a victim is notreleased within twenty four hours after kidnap,a court may presume that the victim wastransported outside state lines. Thispresumption may be rebutted with evidence to thecontrary. 37

Several states implemented their own versions ofthis law, known as "Little Lindbergh" laws;covering acts of kidnapping that did not crossstate lines. Most states recognize differenttypes of kidnapping and punish accordingly. Thestate of New York has a concise and detailedanti-kidnapping law which is worthy ofexamination here. New York bases its definitionof first-degree kidnapping on the duration andpurpose.38 According to the laws of New York, aperson is guilty of kidnapping in the first35 Following the historic Lindbergh kidnapping (the abduction and murder of Charles Lindbergh's toddler son), the United States Congress adopted a federal kidnapping statute known as the Lindbergh Law or the Little Lindbergh Law.36 Greenwood, 1998 accessed at en.wikipedia.org/wiki/special :book sources at Page 112 37 The United States further has other statutes outlawingkidnapping on the high seas and in the air, and kidnapping ofgovernment officials.3843The Gale Group (2008)West’s Encyclopedia of American Law, 2nd Ed.

degree when s/he abducts another person and hisor her intent is to compel a third person to payor deliver money or property as ransom, or toengage in other particular conduct, or torefrain from engaging in particular conduct;S/He restrains the person abducted for a periodof more than twelve hours with intent to inflictphysical injury upon him or violate or abuse himsexually; or accomplish or advance thecommission of a felony; or terrorize him or athird person; or interfere with the performanceof a governmental or political function; or theperson abducted dies during the abduction orbefore s/he is able to return or to be returnedto safety.  Such death shall be presumed fromevidence that a person whom the person abductedwould have been extremely likely to visit orcommunicate with during the specified periodwere s/he alive and free to do so did not see orhear from him during such period and received noreliable information during such periodpersuasively indicating that she was alive.Punishment for kidnapping in the United Statesranges from terms of imprisonment toincarceration for life.

CHAPTER THREE

Anti-Kidnapping Legislations inNigeria.

The menace of kidnapping in Nigeria has becomeembarrassingly frequent. One approach that hasgained some popularity in an attempt to curtailkidnapping incidents in the country is theamendment of the Statutes thereby equating thecrime of kidnapping to a capital offence by thelegislature in some states of the Federation(especially southern states)39. It is believedthat by imposing capital punishment for theoffence, people would be deterred fromcommitting the offence.

In Nigeria, the Criminal Code40 for the Southernpart and the Penal Code41 for the Northernregion defines and criminalize the act ofkidnapping. The relevant provisions arehereunder set out (put 362 n 363). Section 364of the Criminal Code provides that:

Any person who-1. Unlawfully imprisons any person, and takes him out ofNigeria without his consent; or2. Unlawfully imprisons any person within Nigeria insuch a manner as to prevent him from applying to acourt for his release or from discovering to any otherperson the place where he is imprisoned, or in such amanner as to prevent any person entitled to have accessto him from discovering the place where he is

39 N. Ofo, The Effectiveness of Capital Punishment as a Deterrence to Kidnapping in Nigeria available at http://papers.ssrn.com accessed on 21st November 2011.40Cap C38 Laws of the Federation of Nigeria 2004. 41 Cap P14b Laws of The Federation of Nigeria 2004.

imprisoned; is guilty of a felony, and is liable forimprisonment for ten years.Section 271 of the Penal Code of NorthernNigeria also provides as follows:

Whoever takes or entices any person, under fourteenyears of age if a male or under sixteen years of age if afemale, or any person of unsound mind out of thekeeping of the lawful guardian of such person withoutthe consent of such guardian or conveys any suchperson beyond the limit of the State without the consentof someone legally authorized to consent to suchremoval, is said to kidnap such person.

Section 272 further states that “whoever byforce compels or by any deceitful means inducesany person to go from any place is said toabduct that person”.

Section 273 of the Penal Code which is thepunishment section for both kidnapping andabduction further provides that such offence orcrime is punishable with ten years imprisonmentand the offender ‘shall also be liable to a fine’.

From the above provisions, the elements ofkidnapping include; taking a person away bydeceit or by force without his or her consent orthat of lawful guardian or relative andconfinement in an unknown place as to preventthe relatives from having access to him or her.This is very akin to the common law position.

These provisions have nonetheless been largelyamended by some states especially thosesituated in the Niger Delta region toeffectively check the menace pursuant toChapters 14 (3) (c) of the 1999 Constitution

which empowers the State government to directits policy towards ensuring the health, safetyand welfare of the people.

Although the Laws are yet to be passed in someof these states, it is a remarkable step in theright direction.

In Abia State, the governor caused the House ofAssembly to make a law which now makeskidnapping and hostage –taking a capitaloffence. The Law known as Abia state of NigeriaLaw No. 9 of 2008, was cited as Criminal CodeLaw [Amendment] No. 1 Law, and it took effect inDecember 2008. The Abia State House of Assemblyfurther passed a law authorising the setting upof an Abia State Vigilante Services, under thesupervision of the police and equally passed therevised criminal procedure law which madekidnapping a capital offence in Abia State. Inaddition to summary execution, properties ofkidnappers and their accomplices will beconfiscated and forfeited to government as theywill be deemed to be proceeds of crime.

A new law to make kidnapping punishable by deathhas also been passed by Akwa Ibom State House ofAssembly42. The Anti-Kidnapping Bill, madeprovision for life imprisonment for any personwho attempts to kidnap somebody, as well as 21-year imprisonment as punishment for any personwho assists the escape of a kidnapper orterrorist. Here again, the Abia state law, likethe Criminal and Penal Codes, does not makemention of an attempt to kidnap or abduct not tomention criminalising it. Commendably, the same

42 “The Akwa Ibom State Internal Security and Enforcement Bill 2009”

law further provides that any premises where aperson is held hostage shall become the propertyof the government and shall be sealed up by thegovernor or his representative.

In Imo State, the House of Assembly recentlypassed a bill outlawing kidnapping even thoughthe governor had refused to assent to it ninetydays after it was sent to him. The "Imo StateProhibition and Hostage-taking and Other RelatedOffences; Law No 4 2009", makes it an offencefor anybody to be involved in kidnapping orhostage–taking. Offenders face death penalty43.

Similarly, the Delta State House of Assembly hasamended the Delta State Criminal code law with aprovision for death penalty for the kidnapping andunlawful imprisonment of persons within and outsidethe State.44 The amendment also provides for lifeimprisonment for an accomplice in a case ofkidnapping and unlawful imprisonment. This newdevelopment by the Delta State House of Assembly isa very laudable one and all state should take a cuefrom such progressive action. It has effectivelycriminalised aiding and assisting kidnap andfurther takes notice of, and punishes persons whoengage in fake kidnap in order to fleece theirfriends and relatives of their hard earned cashwith a view to sharing it with the kidnappers. Theonly recognizable defect in this law is that it43 ‘Imo Assembly passes Anti-Kidnapping Bill’ available at http://thenationonlineng.net accessed on 27th August 2010.44 The amendment which was sponsored by the member representing Warri South West, Honourable Daniel Mayuku and midwifed by the House Committee on Peace, Security, Legal land Judicial Matters wasconsidered yesterday at the committee of the whole House with the Speaker as Chairman. See L. Omokri, ‘Kidnapping now attracts death penalty in Delta State’ available at http://truefaceofdelta.org accessed on 29th August 2011.

says nothing to criminalize and punish attemptedkidnap. It further provides that anyone whoconsents to his or her kidnap shall be liable tolife imprisonment.

In Edo State, an anti-kidnapping law cited as ‘A Lawto Prohibit the Act of Kidnapping and the Committing of Any Act as anExplicit or Implicit Condition for the Release of a Person Kidnapped inEdo State and For other Matters Connected Thereto’, is verycommendable as it contains salient provisions topunish the act of kidnapping by whatever guise.45

Some of these provisions shall hereunder beexamined.

Section 2 provides:

1. Any person who kidnaps or abducts or by any othermeans of instilling fear, or tricks, takes anotherperson with intent to demand ransom or compelsanother to do anything against his or her willcommits an offence.

2. Any person who keeps, holds back, or restrainsanother person in such a manner as to prevent himfrom discovering to any other person the place of hisor her restraints, kept, new abode or falseimprisonment for his or her release in such a manneras to prevent any person entitled to have access tohim or her from discovering the place or premiseswhere he/she is kept......commits an offence.

Section 3 further provides that any person whocontravenes section 2 above and;

‘....the life of the person kidnapped, restrained,abducted or seized is lost in the process,(he/she) shallbe liable upon conviction for murder under Section319(1) of the Criminal Code...’

45 The Law came in force on 30th July 2011

Where the victim is found alive, the punishment islife imprisonment.46

Section 4 of the same law provides that a personwho attempts to kidnap or abduct another and isfound guilty will be imprisoned for twenty yearswithout an option of fine. The law also punishespersons who aid or abet another either by way ofgiving information, procuring a person for kidnap,counselling another person to kidnap, knowingly orwillingly giving his or her property or premisesfor kidnapping purposes. Such persons will onconviction be imprisoned for life without theoption of a fine.47 Whoever threatens to maim, kill,injure or cause panic in order for another personor corporate body or governmental organisation todo or omit to do an act as a condition for therelease of a kidnap victim commits an offence andwill be liable to life imprisonment.48

One very interesting provision in the extant law isthat corporate bodies (through their ‘directors,managers, secretaries, or other similar officers purporting to act insuch capacity’) which aid n abet kidnapping by doing orneglecting to do an act which facilitateskidnapping will be made to pay a fine of not lessthan fifty million naira. Where these officers actin their individual capacity and are convicted,they shall face life imprisonment without theoption of a fine.49

An employee or individual who arranges for his orher kidnap by putting forward him or herself46 Section 3(2).47 Section 5, 7 and 8. In Rivers State, it is fourteen years.48 Section 9.49 Section 5(2)(a)(i)(ii)

overtly or covertly, to be kidnapped in order toextract money, ransom or any other benefit fromanother person, or his employer, shall also beliable to imprisonment life.50

Further, any person who under false pretence, makesrepresentations that he has the power andinfluence to release a victim of kidnap in order toextort ransom or reward from another person isliable to seven years imprisonment.51Properties andpremises used in furtherance of kidnapping shall beforfeited to the State.52

Also worthy of mention here is the Rivers State LawAgainst kidnapping53 assented to by GovernorChibuike Rotimi Amaechi making kidnappingpunishable with life imprisonment without theoption of a fine. Its provisions are at par withall the provisions contained in the Edo State Lawexcept that it further criminalizes the payment ofransom to kidnappers. Such persons are liable uponconviction, to three years imprisonment.54

Much as I reckon with the Rivers State Government’sefforts to discourage kidnapping, I do notsubscribe to punishment of persons who out ofdesperation borne out of the fact that theirrelatives, friends or employees have beenkidnapped, advance money to kidnappers orabductors. Three months imprisonment is apunishment too much to bear after going through thegruelling emotional and psychological trauma that50 Section 6.51 Section 10.52 Section 11.53 It is cited as ‘A Law to Prohibit the act of Kidnapping in Rivers State and the committing of any act as an explicit or implicit condition for the release of a person kidnapped, and for matters related thereto’.54 Section 6(2).

goes with the kidnap of one’s relative. I suggestit should be whittled down to a month’simprisonment with option of a fine.

Nationally, Nigeria’s House of Representatives hasvoted in favour of a bill prescribing a lifeimprisonment for those found guilty of kidnappingand hostage taking.55The proposed legislation, nowpast the second reading, provides that a person whomakes attempt to kidnap anybody will be liable toten years imprisonment; while any person whoreceives money or property delivered as reward orransom for any kidnap offence will be liable to afive-year jail term or an option of fine notexceeding naira five hundred thousand naira.

The new legislation proposed by the House ofRepresentatives stipulates that “any person whoseizes, confines, entices, decoys, abducts,conceals, kidnaps or carries away another person byany means whatsoever with intent to hold or detain;or who holds or detains that person for ransom,reward or to commit extortion or to exact fromanother person any money or valuable thing or anyperson who aids or abets any such act, commits anoffence and is liable on conviction to lifeimprisonment”. The Bill has been referred to thecommittees on justice, judiciary and police affairsfor further action.

The proposed legislation, now on the second reading,provides that a person who takes attempt to kidnapanybody will be liable to 10 years imprisonment;

55 "A Bill for an Act to Prohibit Kidnapping, Hostage Taking, Prescribe Punishment for its Contravention and Other Matters Relating Thereto, 2009," was sponsored by Friday Itulah (PDP, Edo State) available at http://www.afrol.com/articles accessed on 28th August 2011.

while any person who receives money or propertydelivered as reward or ransom for any kidnap offencewill be liable to a five-year jail term or an optionof fine not exceeding naira five hundred thousandnaira.

Although the proposed Federal bill has not beensigned into law in Nigeria yet, it its provisionswill go a long way in deterring kidnapping andadequately punish those who go ahead to carry out theoffence. Once it is signed into law, it will runconcurrently with the states’ Anti-kidnappinglegislations and it is hoped that the menace will bereduced to the barest minimum thus reflecting whatobtains in the United States of America.

Despite the various attempts at enacting anti-kidnapping laws to deter perpetrators of thisunwholesome social vice, it still thrives as an‘attractive business venture’ for criminals both inNigeria and other nations in the diaspora. Kidnappingincidences across all the states in Nigeria includingthe Federal Capital Territory bedeviled with thisgruesome practice abound. The statistically availabledata revealed by the Police force stated that between2008 and 2010, incidents of kidnapping was highest inRivers State with 216 cases, followed by AnambraState with 191 cases, Edo 166, Akwa Ibom 100, Delta85, Abia state 68 and Imo state with 61cases.56

Kidnapping in Nigeria is however no longer limited toany geo-political zone in the country and is alreadythreatening its existence and foundation.

Unfortunately also, an investigation has shown thatno State of the federation has successfullyprosecuted and jailed kidnap suspects arrested since

56Ibid.

the menace became a serious security challenge aboutthree years ago.57

Just a few incidences will be mentioned because it isnot the crux of this paper to examine entirely allthe instances across these states. Sometime in 2009,Five National Youth Service Corp Members werekidnapped at Ikwerre Local Government Area in RiversState and ransom one hundred million naira demandedfrom the State58. Also on 21 April 2011, thechairperson of the Rivers State chapter of thePharmaceutical Society of Nigeria (PSN), MrsElizabeth Ngozi Odili, was kidnapped from her officeon Okporo Road in Port Harcourt, Rivers State59. Onlyrecently, I watched the news with great trepidationas it was announced that in Edo State, Elder TesSorae popularly known and referred to as ‘TomlineEngineering’ and who is the People’s Democratic PartyChairman of Edo State Chapter, was kidnapped. Duringthe scuffle, his wife, driver and two policeorderlies were killed.60 The same weekend, in Deltastate, , unknown gunmen believed to be kidnappers,abducted the seventy- year old Mr. Akpobome Ogrih,father of Mr. Sam Ogrih, a Commissioner in the DeltaState House of Assembly Service Commission at Uzere,Isoko South Council of the state on his way tochurch.61The abduction of the septuagenarian by a gangof four heavily armed gunmen in an Audi saloon car

57 Saturday Punch Newspaper November 19th 2011.58N A N ‘Kidnappers of NYSC members demand N100m ransom available athttp://234next.com accessed on 29th July 2011.59

‘Gunmen kidnap pharmacist Mrs Elizabeth Odili in Port Harcourt, Rivers State’ available at http://saferafricagroup.com/2011 accessed on 29th August 2011.60 This incident happened on 28th August 2011.61K. Eke ‘ http://leadership.ng/nga/articles Father of Delta State Assembly Service Commissioner Kidnapped’ accessed on 29th August 2011.

during the early hours of yesterday threw the serenesmall town into pandemonium.62 In the same state, fourgun men abducted the wife of a former chairman ofWarri North Local Government Area, Delta State, Mr.Michael Diden, in Sapele/Warri Expressway.63

In Abia State, Nigerians woke up to the bizarre newsof the abduction of four journalists at Umuafoukwucommunity in Obingwa local government area of AbiaState recently while they were returning from Uyo,the Akwa Ibom State capital, after attending a three-day National Executive Council (NEC) meeting of theNUJ.64And also fifteen school children were alsowhisked away in the same state by greedy ransom-seekers.65 A promising lawyer was kidnapped andmurdered in Imo state even after collecting awhooping ransom of seven million naira.66

A couple was recently kidnapped immediately aftertheir wedding in Anambra State and a huge ransomcollected to affect their release. Further, in Nkanlocal government area of the same state, one Igwe

62 Ibid.63 Supra n. 5664 Those kidnapped include the Chairman of the Lagos State Council of the Nigeria Union  of Journalists (NUJ), Wahab Oba, Secretary ofZone G of NUJ, Adolphus Okonkwo,  Acting Secretary, Lagos NUJ Council, Sylvester Okereke, a Lagos-based journalist,  Shola Oyeyipo, and their driver.65 Footnote 20, supra.66 Jona ‘Lawyer Kidnapped, Murdered in Imo State’ available on http://www.nairaland.com/nigeria. accessed on 28th August 2011. From available statistics, some prominent persons who had at one time of the fallen victim of kidnapping in Abia state include; Monday Ajaegbu, a member of Abia State House of Assembly, Kelechi Nwankpa, Chairman of Obingwa Local Government Council; Prof. StevenEmejuaiwe, Chairman of Abia State Independent Electoral Commission,whose Police orderly, a sergeant was killed in the attack that led to his kidnaps. Others are Chief J.D. Iruke, a former ASUBEB chairman, Chief Anyansi Agwu, the chairman of Enyimba Football Club, Elechi Okoro, Joseph Ogwu, Eze Ezenwata Mbakwe to mention a few.

Uche Nwachime was abducted and later slaughtered uponrefusal by his relatives to pay ransom requested bythe kidnappers.67 In the same state, two traditionalrulers namely the Jerome Udechukwu of Ihembosi andAdazi of Nnukwu, Igwe Lawrence Oragwu were kidnappedin May and July 2011 respectively68. Till date, theyhav still not been found neither have theirkidnappers called to give information about theirwhereabouts.

The executive director operations of the PowerHolding Company of Nigeria (PHCN), Mr. John Ayodeleand a lady were kidnapped at the Gwarimpa District ofAbuja. The lady was released shortly after at Zubatown while the director was taken to the kidnappers’hideout in Suleja, Niger State. They initiallyrequested for a thirty million naira ransom which waslater reduced to three million.69

CHAPTER FOUR

67 Allafrica.com ‘Nigeria: Kidnapping As Big Business in South-East’available at http://allafrica.com/stories accessed on 30th August 2011.68 Supra n. 5669 Daily trust newspaper available at http://sundaydailytrust.com accessed on 1st September 2011

Recommendation and Conclusion.

There must be good governance at all levels in theNigerian society. Employment must be created toengage the larger populace. The amnesty programmehitherto embarked by the Federal governmentespecially the late Yar’Adua administration is notthe answer. Such programme does not includeunemployed non-militants who form a larger part ofthe society. Laudable as the provisions of the anti-kidnapping legislations which have been enacted bothat state and federal levels; it is of no essence ifthere is no mechanism for effecting the extantprovisions. It is left by implication to the policeforces that have little or no training in that area.Further, functional security cameras, preferablyclosed circuit television cameras, should beinstalled in all nooks and crannies of the country toensure that kidnapper and their hideouts are easilylocated just like the trend in developed nations. Thepresent administration has started the installationof these security cameras in airports and otherpublic places especially in the Federal capitalterritory. It is hoped that this development willgradually be made to cover other states in thefederation.

The recent Nigerian Communications Commission’sdirective towards compulsory registration ofsubscriber identity module cards (sim) cards is alsowelcome development and has assisted a lot to tracksecret hideouts where victims are transported to. TheNCC should also make policies regarding the full,free and unreserved co-operation of telecommunicationagencies in the investigation and prosecution ofcrimes.70 Undue withholding of information by these70

telecommunication agencies should attract a moresevere penalty and the National CommunicationsCommission Act71 must be amended to reflect this.

The Central Bank of Nigeria has also done a lot toimprove the situation. One of its cost laudableachievements is requiring banks to report andregister any cash withdrawal from five hundredthousand naira and above with the financialintelligence unit arm of the Economic and FinancialCrimes Commission.

Lastly, I join voices with the stakeholders advocating for a complete and thorough overhaul of the Police Force and other security outfits in Nigeria if we are looking forward to reducingthe spate of kidnapping to its barest minimum inthis country. Until that is done Nigerians will continue to live in fear for as long as this social malady lasts.

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