Delta State Anti-kidnapping Law, 2016

DELTA STATE ANTI-KIDNAPPING LAW, 2016

1. Short Title and Commencement. This Law may be cited as Delta State Anti-kidnapping Law, 2016 and shall come into force on the 29th day of June, 2016.

2. Interpretation. In this Law, unless the context otherwise requires; "Attempt to kidnap" means where a person and/or group of persons, intending to commit the offence of kidnapping, begins to put this intention into execution by any means adopted to its fulfillment, and manifests this intention by some overt acts, but does not fulfill this intention to such an extent as to commit the offence; "Attorney-General" means the Attorney-General and Honourable Commissioner for Justice in the State; "Chief Judge" means the Chief Judge of the State; "Commissioner of Police" means the Commissioner of Police, Delta State Command; "Director Department of Security Services" means the Director Department of State Security Services, Delta State Command; "Governor" means the Governor of Delta State of Nigeria; "Hostage" means any person(s) held captive by another person or group of persons with or without the demand for ransom; "Kidnap" means unlawfully depriving a person of his/her liberty by force or fraud with or without a demand for ransom; "Ransom" means any fee, amount, pledge or assurance given in exchange for the release of a kidnapped person or a person held hostage; "State" means Delta State of Nigeria.

3. Kidnapping and Hostage taking. (1) No person shall: (a) kidnap or detain another person; or (b) prevent another person from applying to a court for his release or from disclosing to any other person the place where he is being held or; (c) prevent any person entitled to have access to another from discovering the place where he is held hostage with or without demand for ransom; or (d) stimulate or connive with another to kidnap himself/herself or any other person; or (e) withhold information from security Agencies of the location of any person kidnapped; or (f) withhold information of the means of livelihood of a person(s) involved in the act of kidnapping and for attempted kidnapping; or (g) intimidate or harm, threaten to take and keep another person as surety until certain conditions are met and it shall not be an excuse to rely on the fact that the threat was made by the use of an electronic device, telephone or some other devices with a remote possibility of bringing the threat to reality.

4. Punishment and forfeiture. (1) Any person who contravene section (3) of this Law commits an offence and shall on conviction be sentenced to life imprisonment without option of fine. (2) Any person who initiates a compromise, settlement or refuses to give testimony in court in respect of offences charged under this Law shall be guilty of an offence and shall on conviction be liable to be sentenced to life imprisonment. (3) The owner of a property who knowingly lets or allows his property/premises to another for the purpose of harbouring any person is guilty of an offence and shall on conviction be liable to life imprisonment and forfeiture of the said property to the State. (4) The Attorney-General or his representative shall apply to the court for the sealing of any property reasonably suspected to have been used in the commission of any offence under this Law. (5) The sealing of the premises under subsection (4) of this section shall remain in force pending the final determination of the criminal liability of the offender unless the court orders otherwise. (6) The Police or the Department of Security Services shall within 2 days of completion of investigation, send the Police Investigation Report or the Investigation Report of the Department of Security Services to the Attorney-General and Honourable Commissioner for Justice. (7) Notwithstanding subsection (1) of this Section any person who contravenes the provisions of section 3 of this Law shall upon conviction, forfeit all his assets (including landed Property) to the State. (8) The State and its officers shall not be liable for any action taken in pursuance of this Law.

5. Powers of Arrest and Detention. (1) If the police or other security agents suspect on reasonable grounds that a person is a kidnapper, or an accessory before and/or after the offence of kidnapping they have power to arrest and detain such a person without warrant. (2) Where any person believes on reasonable grounds, that another person is a kidnapper or an accessory before and/or after the offence of kidnapping, he may, where possible, arrest the suspect and hand him over to the police. (3) Upon reasonable suspicion, it shall be lawful for the Police or any law enforcement agency upon an order of the Court to obtain confidential information form telecommunication companies operating within the State. [Police, Law Enforcement agencies to obtain confidential information fro Telecommunication Companies.] (4) Where a telecommunication company fails to comply within forty-eight (48) hours of a request made pursuant to subsection (1) of this section, such company shall be liable upon conviction to a fine of twenty-million naira for each request refused.

6. Refusal to take action upon Information. Any person whether or not in authority, who receives information that an offence under this Law has been committed or is about to be committed and fails, refuses and/or neglects to take appropriate action, to prevent same or to facilitate the apprehension of the culprit commits an offence and is liable on conviction to imprisonment of ten years without an option of fine.

7. Counseling, Aiding or Sponsoring. (1) Where an offence is committed under this Law, each of the following persons shall be deemed to have taken part in committing the offences. (a) every person who actually commits the act or makes the omission which constitute the offence; (b) every person who does or refuses to do any act for the purpose of enabling or aiding another person to commit the offence; (c) every person who counsel, procures or sponsors any other person to commit the offence; (d) any person who aids another in committing the offence; and (e) any bank staff who divulges the financial status of a customer to kidnappers or unauthorized persons to encourage the kidnap of the customer. (2) A conviction under sub-section (1) of this section shall carry the same punishment in all respects as a conviction for committing the offence.

8. Attempt to kidnap. Any person or group of persons who attempt to kidnap shall upon conviction be sentenced to death.

9. Aiding in the escape of kidnappers. Any person who:- (a) permits the escape of, or (b) aids any person to be at large, or (c) assist the escape from arrest or detention of another person who has committed any offence under this Law; commits an offence and shall on conviction be sentenced to life imprisonment.

10. Jurisdiction. (1) Offences under this Law shall be tried summarily by any Division of the High Court of the State notwithstanding the place where the offences were committed. (2) The Court shall ensure that persons charged under this Law are given speedy trial. (3) Notwithstanding the provision of any Law, any person who contravenes the provisions of this Law shall not be entitled to bail, except by an order of a Judge of the High Court.

11. Powers of the Governor. The Governor shall have powers to make regulations for the enforcement of security in the State and in particular to: (1) Demand and collect weekly reports on threats to security from traditional rulers and Local Government Councils in the State. (2) Prescribe and approve new technology for the storage and dissemination of bio-data or other forensic or scientific method for use by Law Enforcement Agencies; and (3) Set minimum security standards for hotels and other public places including close circuit television and maintenance of security tapes or other electronics storage devices.

12. Repeal and Savings. (1) The Delta State Anti-kidnapping and Anti-Terrorism Law, 2013 is hereby repealed. (2) The provision of subsection (1) of this section, shall not affect anything previously done or purported to have been done under the repealed Law.