KIDNAPPING (PROHIBITION) LAW OF LAGOS STATE
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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 Commencement
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.
LAWS OF LAGOS STATE
LAWS OF THE FEDERAL REPUBLIC OF NIGERIA
