By Sunday Ameh
Senior Advocate of Nigeria (SAN) and Lecturer in the Department of Jurisprudence and International Law, Faculty of Law, University of Lagos, Dr. Wahab Shittu, has called for the retention of the death penalty for convicted terrorists, describing terrorism as a crime against humanity that should attract the maximum punishment permitted by law.
Shittu made the call on Thursday during an interview on Frontline, a current affairs programme on Eagle 102.5 FM, Ilese-Ijebu, Ogun State, while reacting to the recent judgment of the Federal High Court in Abuja, which sentenced three men linked to the abduction of pupils and teachers in Oriire Local Government Area of Oyo State to life imprisonment.
The legal expert explained that the court’s decision reflected the provisions of the existing Terrorism (Prevention and Prohibition) Act rather than judicial leniency, stressing that judges are bound by the law and cannot impose punishments outside the statutory framework.
According to him, the National Assembly should amend the terrorism law to ensure that all persons involved in terrorist activities, including those who aid, abet or finance such crimes, are liable to the same level of punishment.
“Judges cannot act outside the statutory framework. What you can advocate for is perhaps for us to amend our Terrorism Prevention and Prohibition Act in a way that will make all those who participate in terrorist activities, all those who participate by aiding and abetting, including those who actually engage in the terrorist act themselves, to be given the same measure of punishment,” he said.
He maintained that while Nigerians were justified in demanding tougher sanctions against terrorists, judges could only apply the penalties prescribed by law until the legislation is amended.
“That is an advocacy that we can sustain. But until the law is amended, judges have no option than to work with the statutory framework available for the trial of these offenders,” he added.
Shittu noted that the conviction of two citizens of the Republic of Niger among the suspects underscored the cross-border nature of terrorism, calling for stronger collaboration between Nigeria, neighbouring countries and international partners in tackling the menace.
“Beyond the trial, our country must sustain national and international collaboration with neighbouring countries and international partners if we really want to combat terrorism. It is not something the judiciary can fight alone,” he said.
The SAN also commended judges designated to hear terrorism cases, as well as the Attorney-General of the Federation, for ensuring that terrorism suspects are prosecuted instead of being held indefinitely without trial.
He argued that terrorism-related offences should attract punishments capable of deterring future attacks, warning that crime would continue to thrive where offenders faced no meaningful consequences.
“Crime will continue to thrive if there are no consequences for infractions. Punishment must be adequate and sufficient to deter offenders,” he stated.
While acknowledging concerns raised by human rights organisations over terrorism trials, Shittu insisted that any call for harsher penalties must be accompanied by strict adherence to fair trial guarantees and internationally recognised human rights standards.
“If fair trial is guaranteed and human rights are respected, then they should get the maximum punishment for bringing humanity to ruin by their actions,” he said.
Beyond prosecution, the legal scholar called for stronger border security, enhanced intelligence gathering, improved forensic and digital investigations, and greater international cooperation to dismantle terrorist networks and their financiers.
He also advocated the establishment of a Victims Trust Fund to compensate and rehabilitate victims of terrorism, arguing that convictions alone do not amount to complete justice.
“Mass convictions without a restitution or reparations framework are inadequate. Government should institutionalise a Victims Trust Fund to provide compensation and rehabilitation for victims of terrorist activities,” he said.
On negotiations with terrorists, Shittu warned against yielding to the demands of kidnappers and insurgents, saying doing so would undermine the government’s constitutional responsibility to protect lives and property.
He concluded that while calls for the death penalty for terrorists were legitimate, such punishment could only be imposed after the National Assembly amends the relevant provisions of the Terrorism (Prevention and Prohibition) Act.
“Judges are not supposed to manufacture law; they work within the framework of the law available,” he said.
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