DRAFT: A BILL INSULATING JUDICIAL AND LAW ENFORCEMENT AGENCIES FROM UNSAVORY EXTERNAL INFLUENCES AND ENSURING ACCOUNTABILITY FOR DILIGENT PROSECUTION OF KIDNAPPING AND RELATED CASES

Short Title: DILIGENT PROSECUTION OF KIDNAPPING AND RELATED CASES ASSURANCE AND ACCOUNTABILITY BILL

Preamble
Whereas
(a) The prerogative to originate and terminate life is exclusively that of God Almighty;
(b) Cap IV [Sections 33-45] of the Constitution of the Federal Republic of Nigeria, 1999, guarantees every Nigerian basic citizenship rights, including, but not limited to, the right to life, dignity of the human person, and most especially, freedom from unlawful detention;
(c) Kidnapping and related crimes are not only an egregious human right violation, but are also a clear defiance of God’s Sovereign authority as well as a declaration of war on the sovereignty, territorial integrity, and governing authority of the Nigerian State;
(d) Kidnappers have, in recent months, teamed up with other criminal elements (such as bandits, armed robbers, cattle rustlers, farm invaders, ethnic cleansers, bona fide terrorists and enemies of the Federal Republic of Nigeria) to mount what is clearly a planned and coordinated attack on the peace, harmony, and stability of the Nigerian State, as well as on the equanimity of the average citizen’s mind;
(e) The kidnappers and other criminal elements have, by turning treasonable felony into a money-making opportunity, tested the resolve of Nigerians, eroded national morale, fostered a general feeling of despondency, and cynically exploited the average human-being’s fear of death;
(f) Honoring the kidnappers’ ransom demands is tantamount to submitting to the bullying tactics of the criminals, concluding private deals with the enemies of the Nigerian State, giving succor to enemies of the Nigerian State and aiding the forces of national disintegration;
(g) Moral hazards and capacity deficits in justice dispensation and law enforcement agencies directly or indirectly play into the hands of the enemies of Nigeria;
(h) The only way to vanquish the forces arraigned against Nigeria is for all to stand together and fight courageously for their freedom, specifically, freedom from abduction and unlawful detention, and freedom from attack on the dignity of the human person.

Now, Therefore, In consideration of the foregoing Premises, be it enacted by the Senate of the Federal Republic of Nigeria, and by the authority of the same, as follows:

Title: A BILL INSULATING JUDICIAL AND LAW ENFORCEMENT AGENCIES FROM UNSAVORY EXTERNAL INFLUENCES AND ENSURING ACCOUNTABILITY FOR DILIGENT PROSECUTION OF KIDNAPPING AND RELATED CASES
Short Title: DILIGENT PROSECUTION OF KIDNAPPING AND RELATED CASES ASSURANCE AND ACCOUNTABILITY BILL

SECTION 1. COVERAGE AND APPLICABILITY
(1) The provisions of this Bill shall apply to:
(a) Any person that, acting alone or in collusion with others, plans and executes the abduction and/or detention of Nigerian citizens and expatriates, or commits related crimes, all with the intent of extorting monies or other benefits from the victims or the victims’ families;
(b) Any person who is privy to kidnapping plots or operations, or the perpetration of related crimes, but fails to report same to appropriate authorities;
(c) Any person that intercedes on behalf of suspects of kidnapping and related crimes, all with a view to securing the release of the suspects, frustrating diligent prosecution of kidnapping cases, tampering with or destroying material evidence, and perverting the cause of justice;
(d) Any person, whether a Nigerian or an expatriate, that receives ransom demand notices from kidnappers and, instead of alerting the authorities, shows readiness to conclude under-the-counter deals with the enemies of the Nigerian State;
(e) Banks and financial institutions handling funds suspected to be proceeds of kidnapping and related crimes, while failing to report same to the National Security Adviser;
(f) The entire staff of the Judiciary, the ICPC, the Nigerian Police and other law enforcement agencies.
(2) Nothing in this Bill shall be interpreted as
(a) abrogating, sidetracking, or altering the provisions of the Constitution of the Federal Republic of Nigeria;
(b) restricting the power of the Director of Public Prosecutions to prosecute, for other offences, persons standing trial on kidnapping and related charges.
(3) The Bill, when enacted into Law, repeals the Act to Amend the Criminal Code Act, Cap. C38, Laws of the Federal Republic of Nigeria, 2004.


SECTION 2: GUIDING DOCTRINES AND VALUES
(1) Effective from the date this Act comes into force, Nigerians and expatriates resident in, or passing through, Nigeria shall be accorded the respect demanded by Nigeria’s adherence to the following internationally accepted doctrines and values:
(a) individual freedom;
(b) sanctity of human life;
(c) dignity of the human person;
(d) right life and to ownership of property, as well as the security attaching thereto;
(e) inalienability of the right to life, liberty, and pursuit of happiness.

SECTION 3: PROHIBITION OF KIDNAPPING, UNLAWFUL DETENTION AND RELATED ACTS
(1) Effective from the date this Act comes into force, it shall be unlawful to:
(a) either alone or in collusion with others, sponsor, plan, or execute the kidnapping of Nigerians or any person resident in, or passing through, the Nigerian territory;
(b) either alone or in collusion with others, sponsor, plan, or execute the invasion of homes, farmland, or spaces the lien to which is in hands other than those of the invader(s);
(b) withhold information on kidnapping plots or actual kidnapping and related crimes;
(c) exert undue pressure on agencies or officials handling the investigation, prosecution, and trial of kidnapping and related cases;
(d) honor ransom demand notices received directly from kidnappers or through their agents, or make any move that could reasonably be interpreted as concluding private deals with the perpetrators of treasonable felony;
(e) fail to report to appropriate authorities movements or transactions suspected to be related to kidnapping or attempted kidnapping and related crimes;
(f) facilitate the planning and execution of kidnapping and related crimes, or otherwise, place the authority of the Nigerian state and state offices at the service of the perpetrators of the evil acts;
(g) tamper with, mutilate, destroy, or fail to explain the whereabouts of evidence entrusted to the Designated Official or his proxies, and which is required for the expeditious and fair prosecution of kidnapping and related cases.

(2) Effective from the date this Act comes into force:
(a) planning or execution of kidnapping or related operations, either alone or in collusion with others, shall be deemed a treasonable felony that is punishable by death;
(b) withholding information on kidnapping and related plots or on ongoing kidnapping and related crimes shall be deemed a criminal offence that attracts terms of imprisonment ranging from five to ten years, with no option of fine;
(c) exerting undue influence to frustrate proper investigation, diligent prosecution, and fair trial of kidnapping and related cases shall be equated with aiding and abetting the commission of crime, and will be punishable with terms of imprisonment ranging from five to ten years, with no option of fine;
(d) filing false and malicious kidnapping and related reports shall be deemed an offence punishable with one- to two-year imprisonment or a fine of between Five Hundred Thousand and One Million Naira;
(e) honoring kidnappers’ ransom demands shall be deemed a criminal offence punishable with a fine that is equivalent to the ransom amount;
(f) failure to report to appropriate authorities financial and other transactions suspected to be linked to kidnapping or attempted kidnapping and related crimes shall be deemed a criminal offence which is punishable with terms of imprisonment ranging from one to five years, with an option of N10 million to N50 million fine;
(g) misapplying the sovereign authority of the Nigerian state to serve the interest of kidnappers and related offenders shall be deemed a criminal offence that is punishable with immediate dismissal from the public service and imprisonment for a term of between two and five years;
(h) receiving instructions or succumbing to pressures from unauthorized persons, meaning, persons external to the investigation, prosecution, trial, and management of kidnapping and related cases, shall be deemed a criminal offence punishable with immediate suspension and/or dismissal, and imprisonment for a term of between two and five years;
(i) failure to report (to the National Security Adviser or to any lawfully Designated Official) all extraneous and unsavory influences on the prosecution of kidnapping and related cases, shall be deemed a criminal offence punishable with immediate suspension and/or dismissal, followed by prospects of imprisonment for a term of between two and five years.

SECTION 4: OBLIGATION TO REPORT, DOCUMENT, AND FOLLOW-UP KIDNAPPING PLOTS AND RELATED CRIMES
(1) On the coming into force of this Act, any person with information on kidnapping plots or operations, or anyone who reasonably suspects another person of plotting the kidnapping of third parties, or plotting the commission of related crimes, shall:
(a) immediately bring such information or suspicions to the attention of the nearest Police Station/command;
(b) demand and record the name(s), serial number(s), and distinguishing features of the duty officer(s) at the Police Station, meaning, the officer(s) with whom the report is lodged;
(c) check and sign or thumb print, the Kidnapping and Related Crime Report Form generated by the duty officer(s) at the Police Station, making ensure that the Report is accurate and that, as provided for on the Kidnapping and Related Crime Report Form, the confidentiality of the informant is guaranteed by the duty officer(s).
(2) On the coming into force of this Act, the Police Stations at which cases or suspicions of kidnapping and related crimes are reported shall:
(a) faithfully record reported cases on a new form (to be designed by Force Headquarters, captioned Kidnapping and Related Crimes Report Form, and circulated to all police stations across Nigeria);
(b) assure persons lodging reports of kidnapping and related crimes of utmost degree of confidentiality, as provided for by the confidentiality clause on the Kidnapping and Related Crimes Report Form;
(c) move speedily and decisively to foil kidnapping and related plots, or where such plots are being or have already been executed, to ensure the timely apprehension of the culprits and safe return of victims;
(d) compile and submit quarterly reports of kidnapping and related cases opened and the percentage successfully closed within the reporting period;
(e) prepare and submit quarterly reports of police constables and officers against whom disciplinary proceedings were instituted within the reporting period;
(f) submit quarterly reports of attempted interference by external parties in the kidnapping and related case management process, and the action taken to bring the extraneous influences to the attention of the National Security Adviser and any other lawfully Designated Official;
(g) ensure safe custody of kidnapping case files as well as the expeditious and transparent prosecution of persons accused of kidnapping, unlawful detention and related crimes; and
(h) go beyond the call of duty to restore and retain the trust of an increasingly skeptical public.

(3) A Judge trying kidnapping cases shall, particularly, during this period of national emergency:
a. Place such cases at the top of the court calendar;
b. Caution both the prosecution and the defense against employing delaying tactics and legal technicalities to pervert the cause of justice;
c. Report erring counsels to their principals, that is, to the Director of Public Prosecutions, if the fault lies with the prosecuting counsel or the police, or the National Judicial Council/the Nigerian Bar Association as regard breaches of professional code of conduct by the defense.
d. Conduct court proceedings in the open to assure the public that justice is not only done in each case, but is seen to be done;
e. Act with a high sense of responsibility, fully conscious of the broader implications of his/her conduct for the security and stability of Nigeria.

SECTION 5: INSTITUTIONAL ACCOUNTABILITY PROVISIONS
1. As a transitional measure, and to ensure diligent and credible enforcement of this Act, the Independent Corrupt Practices Commission (ICPC) shall establish a new Department dedicated exclusively to the investigation of allegations of improper handling of kidnapping and related cases.

2. The new Department shall be named “Department X” and its terms of reference shall include:
(a) Receiving, collating, and promptly investigating allegations of willful mishandling of kidnapping and related cases, and of any extraneous influences exerted thereon;
(b) Submitting to the Director of Public Prosecutions reports of its investigation of allegations of willful mishandling of kidnapping cases and of extraneous influences exerted thereon;
(c) Carrying out periodic and spontaneous audit of kidnapping and related case files to track progress in the investigation, prosecution, and trial of accused kidnappers, and to analyze case clearance rates;
(d) Referring non-kidnapping-related allegations against law enforcement agencies to the Director of Public Prosecutions for proper investigation and possible prosecution;
(e) Submitting biennial reports on its activities to the Senate and the House of Representatives.

3. The Department (X) shall be headed by a person with a track record in criminal investigation, agency governance diagnostics and performance auditing, and analysis of moral hazards in law enforcement and judicial institutions.

4. The ICPC shall prepare and submit a budget to cover the expenses of the new Department.

5. Without prejudice to the provisions of Article 5 (1), (2) (a-d), each law enforcement agency will move proactively to:
(a) carry out periodic background checks on their staff members, and in particular, those handling kidnapping and related cases;
(b) caution their staff members against fraternizing with kidnappers, kidnappers’ sponsors and allies, and against betraying the confidence of informants;
(c) conduct behavior modification training courses to acquaint staff members with the provisions and stipulations of this Act, as well as the expectations of an increasingly panic-stricken and distrustful public;
(d) ensure wide distribution of this Law (and where possible, translations of the Law into local languages), to its staff members and to civic groups;
(e) take measures likely to redeem the image of judicial and law enforcement agencies, and to restore public trust in these agencies.

SECTION 6: INTERPRETATION
As understood in this Act, “kidnapping” is the act of moving a person against his/her will and detaining him/her at an undisclosed location. The aim is either to extort monies from the victim or the victim’s family, or to extract sundry concessions.
“Related crimes/cases” refer to crimes such as banditry, invasion of other persons’ farms, homes and spaces, ethnic cleansing, and giving succor to the perpetrators of the crimes.
“Appropriate authorities” are state institutions performing safety, security and law enforcement functions. A typical police station is an “appropriate authority”.
“Kidnappers” are individuals that plot and execute the unlawful act, along with their sponsors, and informers.
“Designated Official” stands for an official that is held accountable for the performance of specific tasks and the delivery of fairly well-defined results.
“False information” is that which when verified turns out to have no factual basis. Giving false information becomes a crime only if it can be established that the motive of the disseminator is vile or “malicious”, meaning, it is directed at causing an innocent party unwarranted harm.

SECTION 7: COMMENCEMENT
This Act shall take effect upon the conferment of the Presidential Assent and effective enactment into law.

SECTION 8: TRANSITIONAL PROVISIONS
Pending the coming into force of this Act, the Presidency, the National Assembly, and the Office of Chief Justice of the Federation shall collaborate on the institution of measures aimed at ensuring the smooth implementation of the changes. The ICPC shall also ensure that prompt action is taken on the establishment of Department X and the recruitment of the Department’s core staff.