THE ATTEMPTED KIDNAP OF TIWA

Nigerians can affirm that kidnapping has become a phenomenon in the society.

A notable incident occurred on Friday, 7th of April 2023. It was disclosed via the management of celebrity artiste, Tiwa Savage, that the singer escaped from an attempted kidnap.

Today on Knowledge Tent, through this occurence, we’d be learning more on Kidnap; The law on Attempted kidnap and The rights of the suspects.

WHAT IS KIDNAPPING?

Kidnapping simply entails taking a person against his or her own will, either for the purpose to extort money in form of ransoms or for any group or personal gain.

There are two category of offences in Nigeria,

• Civil: borders on private rights of individuals and where there is a dispute, it is instituted in court by individuals.

NB: Civil Offences are often called Civil Wrongs in Nigeria.

• Criminal: borders on actions that affect the public, in the event of a dispute, it is instituted by the government against the concerned individual.

The act of Kidnap falls under Criminal offence and in Nigeria, the fundamental law that governs the offence of Kidnap is the Nigerian Criminal Code (which applies only in Southern States of Nigeria).

Section 364 of the Criminal Code Act gives provides for the offence of kidnap and where it is proved in court that the accused has indeed committed the act of kidnap he would be liable to imprisonment for ten years.

The Act further stipulates a sentence on death for anyone who in the act of kidnap causes the death of the victim.

However, in Tiwa Savage’s case, the Kidnap wasn’t complete.

Thus, is it accurate to conclude that they would be liable for 10 years imprisonment even though they did not carry out the act of kidnap?

Read on to find out!

In Tiwa’s case, she wasn’t kidnapped, she was almost kidnapped, however, the suspects would not be allowed to go Scot-free because the law provides for the Offence of Attempted Kidnap.

An Attempt is the act of trying to do something or a particular activity, which is usually unsuccessful. In criminal law, it is an intentional effort to commit a crime that failed but could have succeeded.

The punishment for an Attempted Kidnap is not expressly stated in the Criminal Code Act, however, it can be stipulated in other law governing Kidnap. For instance, according to the Lagos State Anti-Kidnapping Law, where a person is proved to be guilty of attempted kidnap with Lagos, he will be liable to life imprisonment.

Having established this, it is essential to know that the suspects in Tiwa Savage’s Attempted Kidnap are not criminals. They are simply being suspected to have committed the act of Attempted Kidnap and by virtue of Section 36 (5) of the 1999 Constitution of the Federal Republic of Nigeria, they are innocent individuals like you and I until they have been lroved guilty.

Futhermore during the course of the court trial (in order to determine whether they are guilty or not), they are entitled to be fairly heard, treated without discrimination but with dignity as a human being.

Thank you for joining one again, we trust that you have learnt a thing and more from our publication today. Do well to walk in the consciousness of your rights and the law

Until next time!

-KNOWLEDGE TENT.