KIDNAPPING PROHIBITION LAW 2017

ARRANGEMENT OF SECTIONS
1. Interpretation
2. Kidnapping
3. [Conspiracy to commit the offence of kidnapping]
4. Attempt to kidnap
5. Faked Kidnap
6. False Representation to release a Kidnapped Person
7. Aiding, abetting or assisting the escape of offender
8. Punishment for Non-Disclosure of Kidnap
9. Concealment
10. Traffic in Person
11. Offence of harbouring sheltering
12. Duty to give Information
13. Power to obtain Information
14. Protection of Information
15. Forfeiture of Property
16. Power to Arrest without Warrant etc
17. Jurisdiction
18. Power to Remand in Custody
19. Repeal of Section 271 Criminal Code Law Cap. 17 LLS 2015
20. Citation and Commencemen
KIDNAPPING (PROHIBITION) LAW
A LAW TO PROVIDE FOR THE PROHIBITION OF THE ACT OF KIDNAPPING
AND FOR CONNECTED PURPOSES
COMMENCEMENT (1st February 2017}
THE LAGOS STATE HOUSE OF ASSEMBLY enacts as follows:
1. Interpretation.
“Assault” means the threat or use of force either directly or indirectly without consent
on another person, to have a reasonable apprehension of an imminent harmful or
offensive contact, it includes the act of forcefully striking or threat to apply force of
any kind of another person;
“Court” means The High Court of Lagos State;
“Firearms” includes any canon, gun, riffle, carbine, machine-gun, cap gun, flintlock
gun, revolver, pistol, explosive or ammunition or other firearms, whether whole or in
detached pieces;
“Governor” means the Governor of Lagos State;
“Harbouring” means keeping, sheltering or protecting a person who has committed an
offence under this law;
“Kidnap” includes the act of unlawful removal or abduction of person(s) from a place
to another against the person(s)’ will, either by force or use of offensive weapons,
firearms or deception or the act of holding somebody hostage with or without the
person’s consent with the intent to demand ransom, for ritual killing or for any other
unlawful purpose;
“Offensive weapon” includes any article (apart from a firearm) made or adapted for
causing injury to a person or intended by the person having it for such by him and it
includes an air gun, air pistol, bow and arrow, spear, cutlass, matchet, dagger, cudgel,
or any piece of wood, metal, glass or stone capable of being used as an offensive
weapon;
“Premises” includes building, property or place belonging to a person of which such
person has control over;
“State” means Lagos State of Nigeria
2. Kidnapping
(1) From the commencement of this Law, any person who –
(i) forcibly takes, holds, abducts, detains or captures;
(ii) instill ‘s’ fear in another for the purpose of kidnapping through coercion or by
any other means against that person’s will with intent to demand ransom;
commits an offence, and is liable on conviction to life imprisonment.
(2) Where death occurs as a result of the commission of the offence of kidnapping,
the offender(s) shall be liable on conviction to death sentence.
(3) The death sentence imposed under subsection (2) may be executed by –
(i) hanging;
(ii) lethal injection; or
(iii) as the Court may direct.
[3. Conspiracy to commit the offence of kidnapping]
Where two or more persons conspire to commit the offence of kidnapping each
offender shall on conviction be liable to twenty (20) years imprisonment.
4. Attempt to Kidnap.
(1) A person who –
(i) (a) assaults;
(b) uses force; and
(c) threatens to use violence on any person in an attempt of
kidnap
(ii) causes extreme fear, or threaten any person by means of a letter, e-mail, SMS,
telephone call or any other means of communication with the intent to kidnap,
commits an offence and is liable on conviction to twenty-five(25) years imprisonment.
(2) Where one or more person(s) in furtherance of Section 3 do any overt act to
effect the offence of conspiracy commits an offence under this Section and is liable on
twenty-five (25) years imprisonment.
5. Faked Kidnap
A person who overtly or covertly puts himself forward to be kidnapped or abducted
by another for the purpose of extracting money or any ransom, from another or for
any other reason commits an offence and shall be liable on conviction to fourteen (14)
years imprisonment.
6. False Representation to Release a Kidnapped Person
(1) A person who under false pretence or in any other manner presents
himself to –
(i) be the person kidnapped or abducted;
(ii) have influence, power or ability to obtain the release of a person kidnapped or
abducted for purposes of obtaining any ransom or reward; or
(ii) extort or extract from another person anything of value to falsely effect the
release of a kidnapped person;
commits an offence and liable on conviction to twenty (20) years imprisonment.
(2) Nothing in this Section prohibits a person who, in good faith believes that he or
she can rescue or obtain the release of a person who has been kidnapped or abducted
provided that the person has no part in, or connection with the commission of the
offence.
7. Aiding, Abetting or Assisting the Escape of Offender
(1) Any person who aids, councils, abets or procures any person to commit an
offence under Sections 2 and 3 of this Law, whether or not he is present when the
offence is committed or attempted to be committed, shall be deemed to be a principal
offender and is liable on conviction to twenty (20) years imprisonment.
(2) A person who assists and offender or intentionally aids, facilitates, abets by an
act, omission or commission the escape of an offender commits an offence and is
liable on conviction to twenty-five (25) years imprisonment.
8. Punishment for Non-Disclosure of Kidnap
A person who knows of the presence or existence of kidnappers and the occurrence of
kidnapping activities but fails to report same to any security agency, commits an
offence and is liable on conviction, to five(5) years imprisonment
9. Concealment
A person who knows that a person has been kidnapped, or abducted and conceals such
information or confines such a person, commits an offence and is liable on conviction
to three (3) years imprisonment.
10. Traffic in Person
A person who for the purpose of exploitation –
(i) recruits, transports, harbours, transfers, or receives a person(s)by use of threat,
force or any other form of coercion, abduction, deceit, abuse of power or inducement;
(ii) gives or receives payment or benefit in order to obtain the consent of any person
having control over the person so recruited, transported, harboured, transferred or
received commits an offence and is liable on conviction to fifteen (15) years
imprisonment.
11. Offence of harbouring sheltering
A person who knowingly or willfully permits his premises to be used for the purpose
of keeping a person kidnapped commits an offence and is liable on conviction to
twenty(20) years imprisonment.
12. Duty to give Information
Notwithstanding the provisions of any other law, any person who is aware of the
commission of or intention to commit the offence of kidnapping under the provisions
of this Law, fails to give such information to security agencies, or any relevant
authority of such commission or intention, commits an offence and is liable on
conviction to five (5) years imprisonment.
13. Power to obtain Information
In the course of an investigation relating to an offence by any person under this Law,
or of a conspiracy for an attempt to commit or an abetment of any such offence, the
security Agency or any relevant authority may by order require such person to –
(a) furnish a sworn statement in writing enumerating all moveable and immoveable
property belonging to or possessed by that person and specifying the date on which
each of the properties enumerated was acquired; or
(b) furnish a sworn statement in writing of any money or other property paid or
disposed of by him during such period as may be specified in the order; if the security
agency or relevant authority has reasonable grounds to believe that such information
may be relevant to the investigation.
14. Protection of Information
(1) A Police Officer or an Officer of a security agency in charge of investigating
any act of kidnapping shall not disclose the name and details of any informant or
reveal any information which might lead to the discovery of the informant’s identity.
(2) A Police Officer or Officer of a security agency who contravenes the provisions
of subsection (1) above commits an offence and is liable on conviction to ten (10)
years imprisonment.
15. Forfeiture of Property
Any property movable or immoveable, used for or in connection with the commission
of an offence of kidnapping under the provisions of this Law may be forfeited to the
State.
16. Power to Arrest without Warrant etc
(1) A police officer or a member of any security agency may rest without warrant
any person reasonably suspected of having committed or about to commit an offence
under this Law.
(2) A Police Officer or member of a security agency may use such force, including
the use of firearms, as may be reasonably necessary to effect arrest under subsection
(1) above or to prevent escape.
(3) The provisions of this Section shall have effect without prejudice to any other
power conferred by any Law on members of the Nigeria Police Force or members of
any security agency.
17. Jurisdiction
(1) Offences under this Law shall be triable in the High Court of the State
(2) The Chief Judge of the State shall ensure that any matter brought in relation to
this Law is tried and concluded expeditiously within sixty (60) days of arrangement.
18. Power to Remand in Custody
A Court shall have power for the purpose of concluding investigation for any offence
under this Law, to remand in custody any person who is alleged to have committed an
offence under this Law for a maximum period of thirty (30) days in the first instance
and for further renewable period of not more than fifteen (15) days in the second and
final instance upon an ex-parte application by the relevant authority
19. Repeal of Section 271 Criminal Code Law Cap. 17 LLS
2015
Section 271 of the Lagos State Criminal Code Law, Cap C17 Laws of Lagos State of
Nigeria, 2015 is repealed.
20. Citation and Commencement
This Law may be cited as Kidnapping Prohibition Law 2017 and shall come into force
on 1st day February, 2017.