Kidnapping and abduction are offences under the Nigerian Law.
Earlier, I have discussed about arrest and I wish to state that arrest, kidnapping and abduction have different meanings in Law but may look alike in the eyes of many.
An arrest is a restriction, which is LAWFUL on an individual’s right to liberty as contained in section 35 (1) (c) of 1999 constitution of the Federal Republic of Nigeria. Arrest may be with or without warrant of Arrest.
A police officer can arrest any person without a warrant where he reasonably suspects him to have committed an offence in any of the circumstances listed in section 10 (1) CPA and section 26 CPC.
Here commitment of an offence which makes the arrest LAWFUL is necessary. Which means that anything short of the lawfulness of a restriction of an individual’s freedom is not an arrest and may be the other two classes. When a policeman uses deceit, force and threat to take away a person, it is not an arrest.
Kidnapping is the taking away of a person by force, threat, deceit, with intention to cause him or her to be detained against his or her will. This criminal act may be done for ransom or for political or other purposes. Section 364 of the criminal code of Nigeria deals with this criminal act known as kidnapping which is now becoming very rampant in the country now. So many people do not understand the consequences of this act on the individual families affected directly and indirectly as well as to the image of this our great nation Nigeria. Some of the kidnappers and abductions see this act as business. Business indeed with other people’s lives and liberty.
The same section 364 provides that any person who unlawfully imprisons any person or takes him out of Nigeria, without his consent; or unlawfully imprisons any person within Nigeria in such a manner as to prevent him from applying to a court for his release or from discovery to any other person of the place where he is imprisoned, or in such a manner as to prevent any person entitled to have access to him from discovering the place where he is imprisoned, is guilty of a felony and is liable to imprisonment for ten years.
It is to be noted that due to the gravity of this crime in the country, some states have put in place legislation with stiffer and harder sanctions as a determent. The question still remains: Does this stop or even eliminate this crime? To me as some have now tagged me “the legal pastor” it is greed, over-ambitiousness, without waiting for one’s God-chosen time to arrive. Stupidity, foolishness, laziness; idleness and lack of fear of God in the persons involved usually lead to the commitment of these crimes. If one is not lazy and unnecessarily idle in this country one must survive and become fantastically rich without involvement in crime, if it’s God plan that such a person must be rich. Always pray and wait for your time.
What is Abduction?
This is the unlawful interference with a family relationship, such as the taking of a child from his parent, irrespective of whether the person abducted consents or not. Also, it can be the criminal taking away of a person by persuasion, fraud, or by open force or violence.
Most people mix up kidnapping with abduction. Before I highlight their differences, let me first restate the key words that pertain to each of them.
ABDUCTION: (1) Taking away of a person (2) by persuasion (3) by fraud (4) by open force (5) by violence.
KIDNAPPING:(1) Taking away a person by (2) force (3) threat (4) deceit (5) without consent of the person (6) hiding the person in an unknown place or preventing his discovery to any other person of his hiding place (7) no access to the person.
What is the difference between abduction and kidnapping?
The key difference is that Abduction is when someone uses deceit or force in order to take a person or a child away from their home or relative. Kidnapping is taking away or forcefully transporting a person against their will and holding them in false imprisonment, a confinement without legal authority.Kidnapping is usually done for a motive or for ransom.
Abduction is the unlawful interference with a family relationship, such as the taking of a child from its parent, irrespective of whether the person abducted consents or not. Kidnapping is the taking or detention of a person against his will and without lawful authority.
The terms abduction and kidnapping are sometimes used interchangeably. At common law, kidnapping consisted of the forcible abduction or stealing or carrying away of a person from one’s own country to another. Kidnapping is the taking away of a person by force, threat, or deceit, with intent to cause him or her to be detained against his or her will. Kidnapping may be done for ransom or for political reasons or by open force or violence.
*Do you have questions or seek legal clarification on issues concerning your marriage, probate, property, etc? Call or send a text message to Barr. Ken: 08162016410, 08075763840. Email: firstname.lastname@example.org