KIDNAP AS A MODERN CHALLENGE TO SECURED CREDIT TRANSACTION, AN APPRAISAL

Abstract

Institutionalized and trans border organized illegal activities such as robbery, terrorism, smuggling, human trafficking and human part trading, drugs and small arms trafficking, and kidnapping amongst other social vices are vital and significant contributors to commercial transactions in Africa; positively and negatively, albeit mostly illegally. Effective, deterring counter action from government to effectively curb, or put an effective stop to the seeming escalating activities of kidnapping and tracing of the funds which flows from ransom paid by victims and their relatives are still largely an illusory fantasy to be hoped for or achieved. Nevertheless, illicit funds from these sources have assisted in compromising security agencies, strategies, and structures in the present day Africa where several individuals; mostly the active and restive; highly oriented youths, are engaged in the nefarious and psychologically wrenching activity of kidnapping. The objective of this paper is to analyze the incidents of kidnapping activities and comparatively review the attendant consequences with secured credit transactions in Nigeria. The paper therefore discussed the origin and motives of kidnapping. Although Security of lives and property in Nigeria is said to be the primary function of the Government as enshrined in section 14 (20) (b) and Section 214 of the Constitution,1 the effectiveness of this function seems impaired and rendered the effective enjoyment of same by Section 6 (6) (c) of the same Constitution2, the effectiveness of this infusion has been seen to be impaired by a number of factors which amongst others include; corruption, improper functioning of regulatory institutions and authorities, corruption, administrative compromise, repressive style of policing, and manpower shortages. The obvious result is the escalating wave of mundane criminal activities as exemplified in the recent upsurge in the rate of dare devil robbery and kidnapping with impunity nationwide, and most recently prevalent; particularly, of school children in the North. As a solution to dissuade and discourage this activity, this paper recommends that government should stop paying lip service to the fight against kidnapping and instead take concrete steps to stem and control the rising tide and bring it to an end or; at the least, bring it to the barest minimum.