By Peace Udugba
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 a review of Nigeria’s anti-terrorism laws to ensure that convicted terrorists face stiffer penalties, insisting that the death penalty should remain an option under the country’s legal framework.
Shittu made the remarks following the Federal High Court in Abuja’s sentencing of three persons convicted over the abduction of pupils and teachers in Oriire Local Government Area of Oyo State to life imprisonment, a judgment that has reignited debate over appropriate punishments for terrorism-related offences.
Speaking on Thursday during an interview on Frontline, a current affairs programme on Eagle 102.5 FM, Ilese-Ijebu, Ogun State, the legal scholar said the court’s decision should not be interpreted as judicial leniency but as a reflection of the provisions of the existing Terrorism (Prevention and Prohibition) Act.
According to him, terrorism is a crime against humanity because of its devastating impact on lives, property, the economy and critical national infrastructure, and should attract the maximum punishment permitted by law.
He explained that judges are bound by the law and cannot impose penalties outside the statutory framework.
“Judges cannot act outside the statutory framework. What we can advocate is an amendment to the Terrorism (Prevention and Prohibition) Act to ensure that all those who participate in terrorist activities, including those who aid and abet such crimes, are subjected to the same measure of punishment,” he said.
Shittu stressed that while public calls for tougher punishment are justified, the judiciary can only apply the laws enacted by the National Assembly.
“That is an advocacy we can sustain. But until the law is amended, judges have no option but to work with the statutory framework available for the trial of these offenders,” he added.
The Senior Advocate also highlighted the transnational dimension of terrorism, noting that two of the five convicted suspects were citizens of the Republic of Niger.
He said the development underscores the need for stronger collaboration between Nigeria and neighbouring countries, as well as international partners, to effectively combat terrorism.
“The fact that two of those convicted are citizens of the Republic of Niger shows that beyond prosecution, Nigeria must strengthen regional and international cooperation if we truly want to defeat terrorism. It is not a battle the judiciary can fight alone,” he stated.
Shittu commended the Federal High Court judges designated to hear terrorism cases and the Attorney-General of the Federation for ensuring that terrorism suspects are prosecuted instead of remaining in prolonged detention without trial.
He said assigning dedicated judges to terrorism cases has strengthened the country’s criminal justice system and demonstrated commitment to due process.
The legal expert argued that crime thrives where offenders face no consequences, stressing that terrorism-related offences must attract punishments severe enough to deter future attacks.
“Crime will continue to thrive if there are no consequences for violations of the law. Terrorists must face punishments that are adequate and sufficient to deter others,” he said.
While maintaining that the death penalty should remain available for convicted terrorists where appropriate, Shittu acknowledged concerns raised by human rights organisations and insisted that every accused person must receive a fair trial in accordance with constitutional and international human rights standards.
“If fair trial is guaranteed and human rights are respected, then those convicted should receive the maximum punishment for bringing humanity to ruin through their actions,” he said.
He noted that the punishment for terrorism should reflect the gravity of the offence, adding that such crimes target innocent lives, destroy property, cripple critical infrastructure and undermine national economic stability.
Beyond prosecution, Shittu advocated stronger border security, enhanced intelligence gathering, improved forensic and digital investigation capabilities, and greater international cooperation to dismantle terrorist networks and their financiers.
He also urged the Federal Government to establish a Victims Trust Fund to provide compensation, restitution and rehabilitation for victims of terrorism and their families.
“Mass convictions without a framework for restitution or reparations are inadequate. Government should institutionalise a Victims Trust Fund to support those affected by terrorist activities,” he said.
On negotiations with terrorists, Shittu advised the government against yielding to the demands of kidnappers and insurgents, warning that such actions could weaken the state’s constitutional responsibility to guarantee the security and welfare of its citizens.
He concluded that while Nigerians are entitled to demand tougher punishment for terrorism, any changes to sentencing can only be achieved through legislative amendments.
“Unless our laws are amended to provide stiffer penalties, judges cannot be blamed for applying the law as it stands. Judges do not make laws; they interpret and apply the law enacted by the legislature,” he said.
