To stem the rise in abductions, Akwa Ibom, Abia, Anambra, Bayelsa, Bauchi, Cross River, Enugu, Imo, Kogi, Rivers, Lagos, Ogun, Ondo and Oyo have passed laws making kidnapping a capital offence. Enugu, Anambra and Kogi demolished kidnappers’ properties. What is the impact of anti-kidnapping laws on abductions? ROBERT EGBE asks.
It was my driver, Chinedu, who noticed that a vehicle had been used to block the road and he told me that the people were armed robbers. So, I told him to quickly turn, but before he could turn, a gun was already on my head. One of the men said if he moved an inch they would kill me. So, I told my driver to stay put. They dragged Chinedu and I out of the car, shot the tyres of the vehicle and locked him in the boot and made me lie flat on the floor of their car. I heard them say, Police! Police! Police! They also added, ‘no retreat no surrender.’ I heard a staccato of bullets; it was like a war situation as they were firing continuously. As they were firing, the car was moving. – Chief Mike Ozekhome, SAN, narrating his August 2013 kidnap on the Benin -Auchi Road near Ekpoma, Edo State.
Kidnapping did not start in the Niger Delta, but it was from there, beginning with the January 10, 2006 abduction of four expatriates from an offshore oil platform, that kidnapping-for-ransom (KFR) was entrenched in the national consciousness.
Between 2006 and April 16, 2009, 96 persons – mostly foreigners – were abducted by militant groups, especially the Movement for the Emancipation of the Niger Delta (MEND), in the conflict in the region.
From the Niger Delta, KFR spread, mostly to southern states, and became a common criminal enterprise notwithstanding Section 364 (1) and (2) Criminal Code Act, CAP C38, LFN 2004, which stipulate a punishment of 10 years imprisonment for anyone found guilty of kidnapping in those states.
Many felt a stiffer punishment was required to stem the tide, and before the end of 2009, Akwa Ibom, in the Niger Delta, and the five southeastern states of Abia, Anambra, Ebonyi, Enugu and Imo had had enough. They passed laws whereby a kidnapper could be executed by the state. Kogi, Cross River, Rivers, Ogun and Lagos have since passed similar laws.
States where kidnapping is a
capital offence
At least 15 states have made kidnapping a capital crime. They are Akwa Ibom, Abia, Anambra, Bayelsa, Bauchi, Cross River, Ebonyi, Enugu, Imo, Kogi, Rivers, Lagos, Ogun, Ondo and Oyo.
Nevertheless, KFR continues to be a security concern nationwide and is a lucrative industry. Criminal organisations target affluent, high-profile Nigerians and expatriates.
Kidnapping in the North is more ideologically-motivated, and mostly by terrorist group Boko Haram. However, there are exceptions. In Zamfara, for instance, on November 18, last year, 40 persons, including a police inspector, were kidnapped in Maru Local Government Area. Over 100 unidentified gunmen reportedly stopped three vehicles in transit from Dansadau to Dankurmi and transported the passengers to an unknown location. Barely a month later, another 35 women working on a farm at Matankari Village in Dansadau District of Maru were also kidnapped.
Last February 22, two German archaeologists, Professors Peter Breunig and Johannes Buringer were kidnapped in Kaduna.
In Bauchi State on March 20, three children were abducted from their father’s house in the Ganjuwa Local Government Area of the state.
Consequences for Nigeria’s
reputation
The regular occurrence of abductions has given Nigeria a reputation for insecurity with many western countries advising their nationals against visiting many states unless necessary.
Last month, The United States of America (USA), United Kingdom (UK), Canada, New Zealand and Australia, in their foreign travel advice, warned their citizens not to visit northern states — particularly Borno, Yobe, Adamawa, Gombe and Bauchi — due to kidnappings, terrorism, crime, inter-communal clashes and armed attacks, among others.
In its foreign travel advice of February 24, on www.gov.uk, the UK’s Foreign and Commonwealth Office (FCO) said: “There is a high threat of kidnap throughout Nigeria especially in the Kogi region. Recent terrorist kidnaps have occurred mostly in northern Nigeria, but could occur anywhere in Nigeria. Kidnaps can be for financial or political gain, and can be motivated by criminality or terrorism.”
The Department of State of the United States on its website, www.travel.state.gov, asked American citizens to avoid all travels to Adamawa, Bauchi, Borno, Gombe, Kano, and Yobe states “because the security situation in the North remains fluid and unpredictable.”
With the exception of Abuja and Lagos, the US asked its citizens to exercise “extreme” caution when travelling to Nigeria.
Canada, which gave similar warnings on www.travel.gc.ca, listed only three cities, Lagos, Abuja and Calabar, safe for its nationals.
State of the states
States have responded in similar ways to kidnapping with varying success rates.
Lagos
Governor Akinwunmi Ambode signed the state’s Anti-Kidnapping Law on February 2. It prescribes death for kidnappers in whose custody victims died and life jail for those who kidnapped for ransom.
Last December 13, the state Commissioner for Police, Fatai Owoseni, at the 10th Town Hall Meeting on Security with Governor Akinwunmi Ambode, themed: “Optimising security funding in a recession”, said 51 kidnap cases were recorded in the state.
But Police Public Relations Office (PPRO), Lagos State Command, Olarinde Famous-Cole, an Assistant Superintendent of Police (ASP), told The Nation that incidents of kidnapping were declining in the state.
He said: “For security reasons, I won’t be able to give you any statistics but the trend has declined in the last one year, notwithstanding the (February 9) kidnap of the Isheri CDA secretary that was widely reported.
“Since the state assembly passed the law making kidnapping to attract the maximum sentence of death penalty, the incidence has been on the decline.
“To stem the trend, we are at alert all the time, we conduct many security checks and take proactive measures after the directive of the IGP on the matter and this has paid off very well in Lagos for us.”
Famous-Cole’s claim appears to be credible as Lagos, the nation’s economic hub and largest urban area, continues to enjoy a positive reputation for safety among Nigerians and expatriates. In their travel advisory for February, the governments of the United States of America (USA) and Canada listed the state among the cities safe for expatriates.
Cross River
It used to be thought that Calabar, the Cross River State capital and one of the cities with historically the lowest crime rates in the country, was largely immune to kidnappings. But things appear to have changed.
Last June, Igbo traders in the city visited the palace of the Obong of Calabar, Edidem Ekpo Otu, to appeal for his intervention in obtaining protection from kidnappers. The Vice President of the Igbo community, Mr. Rufus Eze, told the Obong that 80 percent of kidnapped victims in the state were Igbo traders.
In response to this and other kidnap incidents, on September 9, 2015, Governor Ben Ayade signed into law a bill that prescribes death penalty for anyone convicted of the crime.
But the state doesn’t still appear to be rid of the menace.
Last September 10, Onyebuchi Okwueze, the son of the Dean of Postgraduate School of the University of Calabar, Emeka Okwueze, was abducted. A statement by the university’s information officer, Mr. Effiong Eyo, said the gunmen also shot two other persons during the operation.
Nevertheless, the Canadian government identifies Calabar as one of the cities safe for its nationals.
Ogun
Governor Abiola Ajimobi of Oyo State signed his state’s kidnapping (Prohibition) Bill 2016 on November 14. According to the law, any kidnapper whose victim or victims die while in captivity will be liable to capital punishment while a convicted offender whose victim is released or rescued unhurt upon the payment of a ransom, will be liable to life imprisonment and be compelled to pay back the ransom.
The law further prescribes various punishments for any person who threatens to kill, maim or cause bodily harm in order to compel another person, corporate body or organisation to do or prevent from doing any act as a condition for the release of the victim. Similarly, anyone who makes an attempt to kidnap, aids or abets kidnapping will be sentenced to not less than 15 years imprisonment.
The PPRO, Ogun State Police Command, Abimbola Oyeyemi, said: “For now, kidnapping attracts life sentence in Ogun state. However, there are efforts at legislation to make the punishment more tougher to stem the trend.
‘’We have been lucky in Ogun State that kidnapping has not been rampant as in other states. The most prominent of kidnapping cases has been that of Turkey International School. We rescued all those kidnapped from the school and arrested all those involved. We make bold to say that 95 percent of kidnapping cases were resolved in Ogun State within the last one year and in Ogun state, we don’t just rescue the victims, we also arrest the kidnappers’’.
Anambra
One of the states hit hardest by the problem of kidnapping was Anambra. It was also one of the six states which in 1999 enacted the death penalty as punishment for kidnappers.
The immediate past governor of Anambra State, Mr. Peter Obi, also began the practice of demolishing houses built with proceeds of kidnapping and those used as kidnappers’ hideouts. The practice has since been replicated by some other states.
However, although it was reported that many kidnappers fled to neighbouring states, this did not end kidnapping in Anambra.
According to a report by civil society group, Campaign for Democracy, CD, between January 2008 and August 2012, kidnapped persons paid ransoms of about N1.2 billion during the period in the south east.
The victims were said to have paid between N5 million to N30 million per individual. Anambra State reportedly recorded the kidnapping of 273 persons, the highest in the zone.
It was reported also that between late 2012 to 2014, kidnappers in Anambra might have made about N1billion off their victims.
On April 5, 2014, the Anambra State Commissioner of Police, Usman Gwary announced that the police had arrested 20 suspected kidnappers within one week of its ‘Operation Clear All’. It said the operation was against kidnappers and armed robbers.
On assumption of office, Governor Willie Obiano continued the fight by intensifying the demolition of the kidnappers’ properties. He also set up the Anambra State Police Special Anti-Cultism Squad, (SACS).
Last May 9, SACS SACS Commander in the state, Mr Bako Gado said no fewer than 140 suspects including kidnappers, cultists and armed robbers had been convicted, while 10 were freed by various courts in the state within two months.
Ondo
Former Ondo governor Olusegun Mimiko assented to the Ondo State Anti-Kidnapping and Abduction Law in 2010.
On March 20, 2014, an Akure High Court sentenced three men, Olusegun Obaro, Jonah Lase and Theophilus Friday, to death by hanging for kidnapping and killing a one and half year-old girl, Rachael Akingboye.
Justice Olusegun Odusola ordered that the convicts be hanged after they were found guilty on a two-count charge of kidnapping and murder.
Last February 27, a 20-year-old herdsman, Ibrahim Abdul was remanded in prison by an Akure Chief Magistrates’ Court for allegedly attempting to kidnap fellow herdsmen, Muhammed Abdullahi.
Imo State
A breakthrough in the fight to checkmate kidnapping was recorded on March 2, when notorious kidnapper, Henry Chibueze, otherwise known as Vampire was shot dead by the police.
Vampire escaped from prison custody last January 27, when his gang members invaded the Owerri High Court in Imo State and rescued him.
The police said his gang members, who were apprehended in the gun battle with the police, confessed to having carried out four successful kidnap operations after the rescue of their gang leader.
Way out
Human rights lawyer Chief Mike Ozekhome, SAN, who was abducted on August 23 and released 21 days later, said the key to tackling kidnapping was not stiffer penalties but better socieconomic opportunities for the youths.
He told The Nation that if the youth were gainfully employed, they would have little incentive to go into crime.
“The government must make the Fundamental Objectives and Directive Principles of State Policy in Chapter Two of the 1999 Constitution (as Amended) a priority.
“Section 16 (2) of the Constitution requires the government to ensure that suitable and adequate shelter, suitable and adequate food, reasonable national minimum living wage, old age care and pensions, and unemployment, sick benefits and welfare of the disabled are provided for all citizens. If this is done, the temptation to go into kidnapping would be reduced.”
He said some of his abductors were university graduates who spoke impeccable English but told him that the absence of job opportunities pushed them into kidnapping.
Mrs. Adedoyin Rhodes-Vivour, chairperson of the Chartered Institute of Arbitrators UK (Nigeria Branch), said the first thing was to determine “whether the death penalty is a deterrent to crime and then verify in which circumstances and the type of criminals that are deterred by the death penalty.
“Armed robbery attracts the death penalty but I do not believe that there has been a decrease in armed robbery cases.
“In my view we need to determine the root causes of kidnapping, factors that facilitate its increase and then attack the root. Socioeconomic disparity in our society which could push people to crime as a means of survival should be addressed.”
Mrs. Rhodes-Vivour, who along with her daughter and a driver, was abducted on May 11, 2013 and released after three weeks, noted that better opportunities would not turn some person’s mind off crime.
She said: “We need to also appreciate that some people no matter what opportunities are available to them to earn legitimate income are just criminally-minded.
“Our police should be better equipped and trained to deal with and solve kidnapping cases and crimes. I have read of some cases where our police have been very effective, efforts should be made to strengthen our police. When criminals know that there is a high chance of being caught and successfully prosecuted this may act as a greater deterrence than the risk of the death penalty which may seem a remote risk in a system where ransom is paid to get victims released more often than the kidnappers being apprehended.
“The use of high tech security apparatus as well as effective mapping and aerial surveillance are also necessary. Nigeria’s land area which should otherwise be used for agriculture and other income-earning activities are being used as kidnappers’ hideouts and other nefarious activities. Very unfortunate.” she said.
Fed Govt’s response
A fresh initiative by the Federal Government to curb the growing menace of kidnapping across the country is on the way.
The initiative is the result of joint efforts by security agencies to check what one of the most-lucrative criminal activities in the nation’s history.
An investigation by The Nation, showed that the government had tasked relevant security agencies to come up with ideas on how best to tackle the problem before it got worse.
The agencies have, consequently, identified some measures through which kidnapping and related crimes can be made unattractive throughout the country.
The new measures may include the introduction of capital punishment for those found guilty of kidnapping.
Police Inspector General Ibrahim Idris confirmed in Abuja that the Federal Government was working on a blueprint to address the issue.
Besides, the police are also putting forward a plan to recreate two of its elite units at the state and zonal commands to deal with kidnapping.
These are the Technical Intelligence Unit (TIU) and Anti-Kidnapping Unit (AKU), which are currently based at the force headquarters, Abuja.
The police boss said his office and that of the Attorney-General of the Federation were collaborating on effective prosecution of kidnapping cases nationwide.
Idris, who spoke in an interview in Abuja, said for a start, suspected kidnappers would, henceforth, be prosecuted under the provisions of the Terrorism Prevention Act (TPA) 2011 and Terrorism (Prevention) (Amendment) Act 2013.
He explained that the two laws otherwise known as TPA 2011 (as amended) could be very effective deterrents against such grave criminal acts as they specified penalties that may include long jail term, life sentence and death.
