Ransom: To Pay or Not To Pay?

Armed Banditry, Kidnapping, Insurgency and other related violent crimes have continued to thrive in Nigeria, despite efforts by the security agencies and hapless Nigerians who are at the receiving end. Heartless criminals have spared neither defenceless school children nor innocent Nigerians from these violent acts, and there doesn’t appear to be any respite in sight. Some have argued that, as long as Government continues to negotiate and pay ransoms to the perpetrators of these dastardly crimes, kidnapping will continue thrive and be a lucrative enterprise for criminals. Others argue that, even if ransoms are not paid, there should be negotiation with the Kidnappers. The Kaduna State Governor, Mallam Nasiru El Rufai, however, recently vowed that he would never negotiate or pay ransom to bandits in his State, which is presently one of the epicentres of banditry, insisting that some of the Kidnappers are insurgents, and paying them ransoms will be akin to shooting ourselves in the foot, as it will only make more funds available to them to use to purchase more weapons to continue their onslaught against Nigerians. THISDAY LAWYER sought the views of a cross-section of senior Lawyers, on this complex and contentious issue. Should Government continue to negotiate and pay ransoms to criminals, or leave the victims to their fate? What other options are open to Government? Here is the CROSSFIRE!

NO, DON’T NEGOTIATE OR PAY RANSOM

Negotiating and Paying Criminals is Self Indictment – Funke Adekoya, SAN

‘That the Government is negotiating with kidnappers and bandits and paying ransoms at all, is a statement of self – indictment. Paying bandits not to rob citizens, is paying ‘protection money’ to criminals. Section 14(2) of the Constitution states that: “the security and welfare of the people shall be the primary purpose of government” – it is the reason that citizens give up some of their fundamental freedoms, to live together in organised society. As Hobbes said in his book Leviathan, in the absence of a central government, man would inhabit a state of nature where “ every man is enemy to every man” and “and which is worst of all, continual fear, and danger of violent death; and the life of man, solitary, poor, nasty, brutish, and short”.

Unfortunately these words seem to describe present day Nigeria, as Nigerians live in continual fear and in danger of violent death. Every Government worth its name, knows that to pay ransoms rewards the act of kidnapping and banditry and encourages similar behaviour by others in the future. A government that cannot protect its citizens, loses its legitimacy and the basis for its existence.

With the announced production of drones in Nigeria by the Nigerian Air Force, the Government has no excuse for its seeming inability to rescue kidnapped citizens and secure the life and property of Nigerian citizens. It should have access to military grade heat seeking sensors, which together with the drones can locate the hideout of kidnappers and bandits.

The inability to keep Nigerians safe, is why there is speculation that our security forces are either ill-equipped, or complicit in the present state of insecurity. If the government does not take immediate steps to ensure that Nigerian citizens are safe and protected, and thereby, restore its legitimacy, it should allow all Nigerian citizens to carry arms, so we can protect ourselves.’

Don’t Legalise Illegality – Sam Zibiri, SAN

‘It is unfortunate that Government would negotiate with criminals, and pay ransom. It is to me, legalising illegality. A lot more people will be encouraged, to venture into the business of banditry and kidnapping. Secondly, it means that the Government is saying they cannot fight the war against banditry, and would rather negotiate with criminals!’

No, Don’t Negotiate With Bandits – Aikpokpo Martins, NBA 1st Vice President

‘I tend to agree with the position of the Governor of Kaduna State, Mallam El Rufai, that Government should discontinue to negotiate and pay ransom to bandits and kidnappers. It is a misnomer in the first instance, that a Government whose primary duty is it to secure lives and property of her citizens will abdicate same, and turn around to rather reward those who have dared to breach the law. By institutionalising random payment by the Government, this will seemingly and inevitably be encouraging criminal elements to take up arms, establish gangs, and indulge in kidnapping as a trade with tremendous profit returns. The payment of ransom in itself will also encourage complacency in law enforcement, which will ultimately weaken and destroy law enforcement. Law enforcement agencies will simply wait for the Government to pay the normal ransom, instead of galvanising resources to investigate and apprehend the criminals.

It may be argued that a refusal to pay ransom, will endanger the lives of victims in the custody of the bandits. However, we must realise that Nigeria is at the precipice. Do we out of fear for the lives of a few citizens, subjugate the nation to the antics and whims of rogue elements? We must liken the present situation to a war time situation, and this is a war we must win, to enable peace for the nation. It is common knowledge that in war, there is what is called collateral damage; there must be sacrifices for a larger reward. In this vein, therefore, as unpopular and difficult it may be, the decision not to negotiate and pay ransom to bandits is one of the main panacea to the incidents of banditry, as we are presently experiencing in Nigeria today.

The Government must be made to secure our lives and property in the first instance, to eliminate incidents of kidnappings. In all, I agree with the position of the Governor of Kaduna State.’

By Paying Ransom, Government Shows Failure of Governance – Jibrin Samuel Okutepa, SAN

‘Payment of ransom to bandits by Government, clearly shows failure of Government. Why should Government pay ransom to bandits? Why is Government not applying the full weight of the law? Government is culpable. For me, if Government is serious, it can root out bandits with all the available arsenal in its armoury. It only requires political will, to bring the perpetrators of these heinous crimes to book. It should do it now.’

Use Ransom Money to Strengthen Security and Courts – Bolaji Ayorinde, SAN

‘We like to use fancy names to elevate criminality in our country. Laws abound, to deal with kidnapping. However, in order to be soft on white-collar crimes, we have failed to put adequate resources in our law and order architecture. Now, we cannot deal with criminality decisively. A weak policing system has been created, and a corresponding judicial framework that is not fit for purpose complement each other. Now, in order to survive, negotiating ransom payments have suddenly become the norm. This is arranged nonsense, and should not be. Corruption has deliberately weakened the system. Bandit negotiators will fuel more corruption, and weaken law and order further. The money for bandits should be used to strengthen the security network and the courts. Period.’

I Agree With El Rufai, Don’t Negotiate With Bandits – O.C.J. Okocha SAN

‘Kidnappers and bandits, are persons engaged in criminal and unlawful activities. I agree with Governor El Rufai, that Government should not continue to negotiate with them! Government should never negotiate with them. Instead of negotiating with them, Government should deploy its resources to the fullest to arrest, investigate and prosecute all those involved in kidnapping and banditry. In my humble opinion, if Government negotiates with kidnappers and bandits, Government would be sending out a very dangerous signal that will invariably encourage other criminal minded persons, to engage in such criminal and unlawful activities like kidnapping and banditry!

Me, I don talk my own!’

Negotiating With Criminals Sets a Bad Precedent – Chief J.K. Gadzama, SAN

‘The negotiation and settlement of bandits and kidnappers by the Government, stems from a myriad of unresolved underlying issues which have metamorphosed into the current quagmire.

A Government with a solid sovereignty and highly organised security system cannot be cowed into making a negotiation, unless on a platform of an internationally recognised body; in which case a treaty would be signed on terms agreed by both parties.

In the case of the Nigerian Government, the settlement of kidnappers and bandits has not only been a frequent occurrence, but a coerced negotiation characterised with political undertones.

Take your mind back to my first statement – there are a lot of issues, but I’ll highlight some of them.

Firstly, there’s a political undertone to the situation. My reason for asserting this, is simple. Kidnapping occurs everywhere, in the country. Indeed, crime is not restricted to one part of a nation. While it is true that the indices, statistical reports and surveys may show that there is more occurrence of a certain menace in a particular region than another, the fact and most objective undeniable truth, is that crime in whatever form it is expressed is present everywhere, with the exception of Heaven of course.

Now be that as it may, we can safely say that if crime is evenly ubiquitous, the technique for addressing it in a free and fair society should be the same nationwide. This to my mind is the reason for the enactment of one Constitution. Also, if you take a look at the Administration of Criminal Justice Laws of the various States, you’ll notice that States practically adopt the laws of other States with slight adjustments, which in my opinion does not necessitate a drastic variance in the manner a menace should be addressed.

Against this backdrop, I rest my humble view that kidnapping has not been addressed in the same manner nationwide. Take for instance, the investigation and subsequent arrest of the notorious Evans in Lagos; if the Nigeria Police could tackle such a high profile kidnapper and bring him to trial without the slightest assistance of the military, I strongly believe that the Nigerian Military, if operating without political hegemony, has what it takes to tackle the kidnapping in this country. And resultantly, there would be no need for settlement or negotiation.

Another perspective, still on the political undertone to the issue, is that some of the reasons for banditry and other nefarious violence in the country, are traceable to our electoral malpractices. Thugs mobilised for electoral mishaps, have to feed before the next round of elections. Thus, kidnapping becomes a temporal means of sustenance, whilst they await another election.

A lot therefore, has to do with the role that our politicians and those who have been placed and trusted in top and sensitive positions, have to play. With the right orientation, and a patriotic outlook, we will eventually overcome.

Another dimension to the subject, erupts from the socio-economic angle. The country in recent times, has faced a pandemic and a recession within which we saw a protest and looting of Covid-19 reliefs. It is obvious even to the layman, that the fragments of unity and peace holding the nationhood of the country has been more than threatened. This has sparked up many reactions. People no longer believe in the system. And this mistrust, has provoked utter indifference to the justice mechanism of the country. This is why crime has increased in recent times; because the general populace feel that there is nothing more to lose. A naked man has no pockets to hide his shame.

Having said all this, bandits and kidnappers are criminals and are not fighting for a just cause. They’re not asserting that an environmental right has been, is being, or is likely to be threatened. Thus, it is my humble opinion that they should not be negotiated with. If they have a good cause, they can express grievances by a peaceful protests. Negotiating with criminals, sets a bad precedent and makes the Government look weak.’

Don’t Negotiate With Criminals – Chief (Dr) Richard Oma Ahonaruogho, SAN

‘I called for an Amnesty for Boko Haram whilst I was the Chairman of the Conference of Alumni Associations of Nigerian Universities (CAANU) several years back, but unfortunately, my call went unheeded and the nation missed the opportunity of stopping Boko Haram in its tracks.

Today, the nation’s problems have been compounded by the menace of kidnapping and banditry, and Government has equally failed to nip these terrible nightmares in the bud.

There is obviously a failure of intelligence. The nation’s security from internal and external aggression, is seriously challenged. How can one explain the kidnapping of persons in their hundreds, without trace? To my mind, kidnapping has become an “industry”, and it will take more than mere words to end kidnapping and it’s twin brother, banditry.

I however, agree with Governor Nasir Ahmad El Rufai, that Government should not continue to negotiate with, and pay ransom to Kidnappers and Bandits. Government at all levels should create information cells for intelligence gathering, and provide new information gathering technics, including the use of remote censoring, drones and other devices.

There is the need for large-scale education of the population on emergencies, safety drills and self-defence. A highly conscious populace, has the ability to substantially confront Kidnappers and Bandits. Government must invest in the Police and other Security Outfits, and licence more private security outfits that will provide the much needed intelligence, for a fee, to the Government. As always, the less said on matters of security, the better.’

Don’t Negotiate, Don’t Pay Ransom – Dr Livy Uzoukwu, OON, SAN

‘No sane Government, should negotiate and pay ransom to kidnappers and bandits. It is bad enough that due to lack of confidence in our security establishment, many Nigerians prefer to pay ransom to kidnappers and bandits to secure the release of loved ones.

Negotiating and paying ransom to kidnappers and bandits by the Nigerian Government or any government, is a clear admission by the government of its failure or inability to protect life and property. It is an admission that the country’s security architecture, has crashed.

By so doing, Government is rewarding, encouraging, promoting, and empowering kidnapping, banditry and criminality in general. That is also a concession that Nigeria is not only a Banana Republic, but that constitutionalism, which rule of law is an important constituent, has abysmally failed in Nigeria.’

Don’t Negotiate – Layi Babatunde, SAN

‘A rogue associate or staff, cannot be placated by mere increase in emoluments or salary. A dog that has tasted human blood, will not be placated by the offer of a whole chicken. I would think that it takes a lot more work, than just throwing money at the problem. A mixture of carrot and stick approach, may help. The security apparatus can do better. They should be supported and prompted to do better than our recent common experiences. Armed, Non- State actors seem to be dictating the pace, and this portends enormous danger to our collective survival as a country. With God all things are possible, but we need to play our part and play it well.’

It is Counter-Productive to Negotiate and Pay Ransoms – Ferdinand O. Orbih, SAN

Since December 2020, bands of bandits and kidnappers seeking lucrative ransom have kidnapped a total of 769 students from three boarding schools and other educational facilities across northern Nigeria, in at least five separate incidents. It is clear from this trend, that kidnapping for ransom has become a big industry in Nigeria. The factors that are foiling these incidents of kidnapping in Nigeria, are largely due to the failure of the Nigerian Government to rise to the occasion, and tackle the problem of insecurity in Nigeria. It appears that the Government of Nigeria has forgotten that the primary function of government, is the protection of life and property of its citizens.

There are two schools of thought on how bandits and kidnappers should be handled by the Government. The first school of thought is that of Governor El Rufai, whose view is that Government should not negotiate with bandits or pay them ransoms. He is of the view that security agencies should declare an all-out war on bandits, and they should be treated like the Boko-Haram group. The second is the Governor Matawalle school of thought, which holds the view that negotiating with bandits is the way to go, to solve the problem of insecurity bedevilling the country. This brings us to the question of these two schools of thought – which of them is the most effective?

There is no doubt that negotiating with terrorists tends to give them legitimacy, and promotes the view that violence has its rewards. It portrays the Government as weak and ineffectual, and hence, it is usually perceived as an early sign of a failed State.

Negotiating with terrorists and payment of ransom for release of their victims, is a veritable source of much needed funding for the terrorists. Most security experts will tell you that the quickest method to defeat terrorists, is to starve them of funds. Most of the anti-money laundering measures put in place by governments around the globe, were informed by the need to checkmate the activities of terrorists and drug barons, by denying them much needed funding for their operations. It is therefore, tragic for some State Governors such as Governor Matawalle of Zamfara State, to adopt negotiation and payment of ransom to bandits and kidnappers as official State policy.

Governor El Rufai should be taken seriously on this issue, because he has tried both approaches. It would be recalled that Governor El Rufai was one of the first Governors to open negotiations with bandits in Nigeria, during his first tenure as Governor of Kaduna State. Substantial sums of money were paid at that time to the bandits and terrorists, to pacify and change them for the better. But, did it achieve the desired result? Of course not. For the Governor to make a U-turn to advocate the exact opposite to his former approach, is an admission that it is counter-productive to negotiate with and pay ransom to kidnappers and bandits.

I Agree With El Rufai – Prince Lanke Odogiyon (former NBA President)

‘I agree fully with Governor El Rufai on this issue. I think it’s most inappropriate and improper, for Government to negotiate and pay ransom to kidnappers and bandits. I seize this opportunity to call on the Federal Government to formulate, put in place, and begin to execute proper polices that guarantee the lives and properties of people in this great country.’

YES, NEGOTIATE AND PAY RANSOM

Pay Ransom, but Strike a Balance – Sam Ologunorisa, SAN

‘My view is that, Government should strike a balance between the two divides. The sanctity of life cannot be over emphasised, and even in advanced countries, Government negotiates to save lives. However, the balance is that very conscious efforts should be made to fight the menace, and not paying lip service or reacting to every onslaught by the criminals. Intelligence gathering must be processed and executed promptly. Inter-agency collaboration, must be encouraged. Payment of ransom should not be an end in itself, but a preservative approach while there is a zero tolerance for bandits and malcontents.’

Hostage Negotiators Should be Commissioned to Tactically Engage Kidnappers – Adeniji Kazeem, SAN (former Attorney-General of Lagos State)

‘Sections 14(2), 33 and 35 of the 1999 Constitution affirms a citizen’s right to life, personal liberty and general security, so, there is no question that Government has a responsibility to secure the release of kidnap or hostage victims.

In developed jurisdictions, where there is a kidnap or hostage situation, you will sometimes have a hostage negotiator who attempts to negotiate the release of the hostage(s). I don’t see any reason why such tactics (if not already being done) cannot be employed, in the numerous kidnap and hostage scenarios that are emerging in Nigeria. The hostage negotiator must be prepared to use conventional and unconventional means, to secure the release of the captives, because security of citizens is one of the key deliverables of Government, and everything must be done by all means necessary to keep the citizen safe.

Governor Nasiru El-Rufai is however, right that appeasement of criminals never pays, because it emboldens them to repeat the acts and then we will have total anarchy.

In my opinion, State Government’s particularly, must step up their security apparatus by creating and funding well trained and equipped special hostage intervention tactical units, to extract citizens from hostage situations with minimal or zero casualties. In the event that tactical intervention is not possible and conditional release is inevitable, then upon release of hostages the criminals must be hunted, arrested and publicly prosecuted for maximum sentence, to serve as a deterrent and to provide justice for the victims.

There should also be heavy investment in CCTV technology across sensitive targets, and deliberate tracking of supplies and logistics of high volumes to particular locations as this may be indicative.

Finally, it is important that the circumstances that have caused increasing number of persons to turn to the crime of kidnapping in recent years should be identified and addressed, in order to reduce incidents of what is now being cynically referred to as a “Nigerian growth industry”.’

There is Nothing Wrong in Negotiating, but No Ransom – Charles Ajuyah SAN (former Attorney-General of Delta State)

‘My take on whether Government continues to negotiate and pay ransom, I will ask that we separate the issues. As for negotiations yes – with this Government can better understand the grievances of the kidnappers and deal with matters through social engineering. As for ransom, my take is that it will increase the business of kidnapping which is grievous and unabating. It’s like pouring petrol into a flame. Mark you, kidnapping is a business and you will be sustaining the business for the criminals. When a business becomes bad, it is abandoned. Those in Government, by now, should know that appeasement does not solve social ills, as it is over time, not sustainable. Rather, money spent on paying ransom should be deployed towards fighting the social ills.

Having said that, there is the issue of the victim and his/her immediate relations. They are agitated and traumatised, with fear of death of the victim. It may be difficult to persuade them, against payment of ransom. This is so because of the lack of trust in Government at all levels to offer protection to its citizens, apprehend criminals, prosecute and deliver appropriate punishment. For the people, they can only solve their problems the way they see fit, as the loss will be theirs. So, to answer your question, the Governor of Kaduna State’s deliberate policy not to pay ransom can be taken as right, but there is nothing wrong in negotiations if the purpose or objective is not for ransom.’