Benue State University, Makurdi

Kidnapping Employees for Ransom in Nigeria: An Analysis of the Liability of Employers under Nigerian Law

Jane-Frances Terdoo Yagba*

Abstract

Kidnapping involves the act of unlawfully taking a person by force and detaining the person against his will. There could be different reasons for the kidnap. The reasons could range from subjection of a victim to servitude to obtaining ransom from family and friends of the victim. The victim of a kidnap could be an employee and an employer could be contacted directly by the kidnappers to pay ransom for the release of the employee or the family of the kidnapped employee may contact the employer seeking for financial support to aid the kidnapped employee’s release from unlawful abduction. This research analyses the Nigerian law to ascertain the liability of employers with regard to kidnapping of employees. The doctrinal research was adopted to conduct the research. It was found that employees will likely not have a compensation where employers fail to register the employees under the Employee Compensation Act (ECA). Also, some employees and employers do not know of the existence of ECA. The penalties under ECA are inadequate in ensuring compliance with the law. It was recommended that an Uninsured Employee Compensation Fund should be established to provide compensation to employees who are not registered under ECA. In addition, the Nigeria Social Insurance Trust Fund Management Board should conduct an awareness campaign on ECA to enlighten people on the existence of the law. Lastly, section 46 and 39(4) should be amended to provide stringent sanctions for non- compliance with the law.

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