TERRORISM (PREVENTION AND PROHIBITION) ACT, 2022

DOWNLOAD OF A COPY OF THIS LAW IS AVAILABLE [N2,000 (PDF)] CLICK HERE FOR ONLINE PAYMENT. PDF COMPENDIUMS OF ALL THE LAWS OF NIGERIA, LAGOS AND OTHER STATES ARE ALSO AVAILABLE. EMAIL: lawnigeria@gmail.com or info@lawnigeria or Text/WhatsApp +23407067102097

–

TERRORISM (PREVENTION AND PROHIBITION) ACT, 2022

LAWS OF THE FEDERATION OF NIGERIA

ARRANGEMENT OF SECTIONS

PART I—OBJECTIVE AND PROHIBITION

1.       Objectives.

2.       Prohibition of acts of terrorism.

PART II—NATIONAL CO-ORDINATION AND ENFORCEMENT

3.       Role of the Attorney-General.

4.       Role of the National Security Adviser.

5.       Role of law enforcement and security agencies.

PART III—ESTABLISHMENT OF THE NATIONAL COUNTER-TERRORISM CENTRE

6.       Establishment of the National Counter-Terrorism Centre.

7.       Appointment of National Coordinator for the Centre.

8.       Other staff and funding of the Centre.

PART IV—NIGERIA SANCTIONS COMMITTEE

9.       Constitution of the Nigeria Sanctions Committee.

10.     Functions and powers of the Sanctions Committee.

PART V—OFFENCES RELATING TO TERRORISM AND TERRORISM FINANCING

11.     Offences against internationally protected persons.

12.     Terrorist meetings.

13.     Soliciting and giving support to terrorist groups for the commission of acts of terrorism.

14.     Harbouring terrorist or hindering the arrest of a terrorist.

15.     Provision of training and instruction to terrorist group or terrorist.

16.     Concealing of information about acts of terrorism.

17.     Provision of device to a terrorist.

18.     Recruitment of terrorists.

19.     Promotion or solicitation of property for the commission of terrorist acts.

20.     Provision of facilities in support of terrorist acts

21.     Financing of terrorism

22.     Financing the travel of foreign terrorist fighters.

23.     Dealing in terrorist property.

24.     Hostage taking, kidnapping and hijacking.

25.     Membership of a terrorist group or proscribed entity.

26.     Conspiracy, aiding and abetting.

27.     Escape or aiding and abetting escape.

28.     Attempt to commit an offence.

29.     Preparation to commit acts of terrorism.

30.     Unlawful assumption of character of an officer of a relevant agency.

31.     Tampering with evidence or witness.

32.     Obstruction of an authorised officer of a relevant agency.

33.     Offences by an entity.

PART VI—OFFENCES RELATING TO CIVIL AVIATION, SAFETY OF SHIPS AND FIXED PLATFORMS

34.     Hijacking of aircraft.

35.     Offences against the safety of civil aviation.

36.     Offences against safety at airports serving military or civil aviation.

37.     Offences against the safety of ships or fixed platforms.

38.     Use and discharge of BCRN weapons and other substances from a ship or fixed platform.

39.     Transportation of BCRN weapons or other dangerous substances on board a ship.

40.     Transportation of persons intending to commit offences on board a ship.

41.     Transportation of certain offenders on board ships.

42.     Offences with explosives or other lethal devices.

43.     Handling of radioactive, nuclear material or device.

44.     Use of radioactive or nuclear material.

45.     Offences relating to nuclear facilities.

46.     Arms embargo.

47.     Travel ban.

PART VII—IMPLEMENTATION OF TARGETED FINANCIAL SANCTIONS RELATED TO TERRORISM AND TERRORISM FINANCING

48.     Proscription of an entity.

49.     Designating a person, entity, or group for terrorism or for terrorism financing under UNSCR 1373.

50.     Nigeria Sanctions List.

51.     Proposal for designation of terrorist, terrorist groups and terrorism financier.

52.     Application of designations under United Nations Security Council Resolutions 1267, 1988 and successor resolutions.

53.     Publication of UN Consolidated List.

54.     Freezing order in respect of designated persons or entities.

55.     Revocation of designation, de-listing and unfreezing of funds or other assets.

56.     Refusal or revocation of registration of charities linked to terrorist groups

57.     Application for judicial review.

PART VIII—OFFENCES RELATING TO THE PROLIFERATION AND FINANCING OF PROLIFERATION OF WEAPONS OF MASS DESTRUCTION

58.     Prohibition of proliferation of weapons of mass destruction

59.     Prohibition of proliferation financing.

60.     Designation of a person or entity by the United Nations Security Council or its Committees in relation to proliferation financing.

61.     Freezing obligation in respect of Proliferation Financing.

PART IX—RESPONSIBILITIES OF AIRLINES, COMMERCIAL CARRIERS, TOUR OPERATORS AND TRAVEL AGENTS

62.     Responsibilities of airlines, commercial carriers, tour operators and travel agents.

PART X—INVESTIGATION AND PROSECUTION

63.     Issuance of warrant for investigation.

64.     Investigation and search without warrant.

65.     Recording measurements, samples, photographs or fingerprint impressions during investigations.

66.     Detention for offences related to terrorism.

67.     Access to a detained person pending conclusion of terrorist investigation.

68.     Interception of communications order.

69.     Detention of a conveyance.

70.     Video recording and custody of records.

71.     Evidence by certificate.

72.     Protection of informants and information.

73.     Protection of persons and witnesses.

74.     Power to prosecute.

75.     Power to declare a state of emergency.

PART XI—JURISDICTION

76.     Jurisdiction to try offences under this Act.

PART XII—SEIZURE AND FORFEITURE OF PROPERTY OR FUNDS

77.     Property tracing.

78.     Disclosure of assets and property by an arrested person.

79.     Seizure of fund or property.

80.     Order of the Court relating to seized property.

81.     Freezing order on banks or other financial institutions.

PART XIII—OBLIGATIONS OF FINANCIAL AND DESIGNATED NON-FINANCIAL INSTITUTIONS

82.     Confiscated and Forfeited Assets Account.

83.     Obligation to develop counter-financing of terrorism programmes and strategies.

84.     Obligation to report suspicious transactions.

PART XIV—MUTUAL LEGAL ASSISTANCE, EXCHANGE OF INFORMATION AND EXTRADITION

85.     Requests from foreign States.

86.     Request to a foreign State.

87.     Evidence pursuant to a request.

88.     Form of requests.

89.     Extradition.

90.     Exchange of information relating to acts of terrorism, terrorists and terrorist entities.

PART XV—SPECIAL VICTIMS TRUST FUND

91.     Establishment of Victims Trust Fund.

92.     Establishment of the Special Victims Trust Fund Committee.

PART XVI—MISCELLANEOUS PROVISIONS

93.     Service of documents

94.     Restriction on execution against property of a relevant agency

95.     Regulations

96.     Penalties for contravention of regulations

97.     Savings and Transitional Provision

98.     Repeal of the Terrorism (Prevention) Act, 2011

99.     Interpretation

100.    Citation

SCHEDULES

–

TERRORISM (PREVENTION AND PROHIBITION) ACT, 2022

ACT No.  15

An act to repeal the Terrorism (Prevention) Act, No. 10, 2011 and enact the Terrorism (Prevention and Prohibition) Act, 2022 to provide for effective, unified and comprehensive legal, regulatory and institutional framework for the detection, prevention, prohibition, prosecution and punishment of acts of terrorism, terrorism financing, proliferation and financing of the proliferation of weapons of mass destruction in Nigeria; and for related matters.

–

[COMMENCEMENT]                                [12TH DAY OF MAY, 2022]

–

ENACTED by the National Assembly of the Federal Republic of Nigeria—

PART I—OBJECTIVE AND PROHIBITION

1.        Objectives.

The objective of this Act is to provide for —

(a)    effective, unified and comprehensive legal, regulatory and institutional framework for the detection, prevention, prohibition, prosecution and punishment of acts of terrorism, terrorism financing, proliferation and financing the proliferation of weapons of mass destruction in Nigeria;

(b)    mechanisms for the implementation of financial measures arising from counter-proliferation Resolutions, in line with Article 41 of the Charter of the United Nations;

(c)    measures under Nigerian law for the implementation and enforcement of Regional and International Counter Terrorism Conventions, and Agreements for the combating of terrorism, terrorism financing and related offences;

(d)    procedures for the declaration of a person or entity as a terrorist or terrorist entity, or terrorism financier;

          (e)    extra territorial jurisdiction of the courts in relation to acts of terrorism;

(f)     measures to enable Nigeria to act effectively in the fight against the financing of terrorism, including mechanisms regarding reporting of suspected incidents of financial and other support for terrorist entities;

(g)    measures for the detention, freezing, search and seizure, confiscation and forfeiture of terrorist property; and

          (h)    the compensation of victims of acts of terrorism.

2.        Prohibition of acts of terrorism.

(1)      All acts of terrorism and the financing of terrorism are prohibited.

(2)      A person or body corporate, within or outside Nigeria, who knowingly, directly or indirectly—

          (a)    does, attempts or threatens to do any act of terrorism,

          (b)    commits an act preparatory to or in furtherance of an act of terrorism,

          (c)    omits to do anything that is reasonably necessary to prevent an act of terrorism,

          (d)    assists or facilitates, or funds the activities of persons engaged in an act of terrorism,

(e)    participates, as an accomplice, in or contributes to the commission of an act of terrorism or offences under this Act,

(f)     assists, facilitates, organises, or directs the activities of persons or entities engaged in any act of terrorism or is an accessory to any offence under this Act,

(g)    incites or induces any person by any means whatsoever or promises any person any reward to commit any act of terrorism or any of the offences referred to in this Act, or

          (h)    recruits for terrorist groups for any purpose, including the commission of acts of terrorism,

          commits an offence and is liable on conviction to the punishment prescribed under this Act.

(3)      In this Act, “act of terrorism” means an act wilfully performed with the intention of furthering an            ideology, whether political, religious, racial, or ethnic, and which— Cap. C23, LFN 2004.

          (a)    may seriously harm or damage a country or an international organisation;

(b)    unduly compels a government or an international organisation to perform or abstain from performing any act;

          (c)    seriously intimidates a population;

(d)    seriously destabilises or destroys the fundamental political, constitutional, economic or social structures of a country or an international organisation;

          (e)    influences a government or an international organisation by intimidation or coercion;

(f)     violates the provisions of any international treaty or resolution to which Nigeria is a party, subject to the provisions of section 12 of the Constitution of the Federal Republic of Nigeria, 1999; and

          (g)    involves, causes, or results in—

                  (i)     attack on a person’s life, in the form of grievous bodily harm or death,

                  (ii)    kidnapping of a person,

(iii)    destruction of Government or public facility, a transport system, an infrastructural facility, including national critical information infrastructure, a fixed platform located on the continental shelf, a public place or private property, which may likely endanger human life or result in major economic loss,

(iv)   the seizure of an aircraft, ship, or other means of public transport or conveying goods, or the diversion or use of such means of transportation or conveyance for the purposes of subparagraph (iii) of this paragraph,

(v)    the manufacture, possession, acquisition, transportation, transfer, supply or use of weapons, including explosives or biological, chemical, radiological or nuclear weapons (BCRN weapons), as well as research into and development of BCRN weapons without lawful authority, and the receipt, possession, use, transfer, alteration, disposal or dispersal of nuclear or other radioactive material or devices,

(vi)   the release of dangerous substance, causing of fire, explosions or floods, the effect of which is to endanger human life,

(vii)   interference with or disruption of the supply of water, power, or any other fundamental natural resource, the effect of which is to endanger human life,

(viii)  the release into the environment or any part thereof, or distribution or exposure of the public or any part to dangerous, hazardous, nuclear, or other radioactive or harmful substance, any toxic chemical, microbial or other biological agent or toxin, the effect of which is to endanger human life or to provoke substantial damage to property or to the environment,

(ix)   endangering or engaging in acts likely to endanger the safety of an aircraft, ship, train or any other means of transportation,

                  (x)    the bombing and other acts of violence at airports and other public places,

(xi)   the disruption of any computer system or the provision of services directly related to the supply of water, power, communications, infrastructure, banking or financial services, utilities, transportation, other essential infrastructure or any other fundamental natural resources, the effect of which is to endanger human life,

                  (xii)   the disruption of the provision of essential emergency services, including police, civil                             defence, medical and acts prejudicial to national security or public safety,

(xiii)  the propagation and dissemination of information or information materials in any form or mode calculated to cause panic, evoke violence or intimidate a government, person or group of persons, or

(xiv)  an act directed against a nuclear facility, or an act interfering with the operation of a nuclear facility, where the offender intentionally causes, or where he knows that the act is likely to cause, death or serious injury to a person or substantial damage to  property or to the environment by exposure to radiation or release of radioactive substance, unless the act is undertaken in conformity with the provisions of existing laws.

(4)      An act, which disrupts a service but is committed in pursuance of a protest, demonstration or stoppage of work is not a terrorist act within the meaning of this definition, provided that the act is not intended  to result in any harm referred to in subsection (3)(b), (c), (d), (e), (f ) or (g).

PART II — NATIONAL CO-ORDINATION AND ENFORCEMENT

3.        Role of the Attorney- General.

(1)      The Attorney–General shall be responsible for strengthening and enhancing the existing legal            framework on combating terrorism and terrorism financing, and proliferation and financing of the            proliferation of weapons of mass destruction to ensure—

(a)    conformity of Nigeria’s counter-terrorism laws, policies and other measures with United Nations Conventions on Terrorism and terrorism financing, international standards and maintain international co-operation required for preventing and combating international acts of terrorism;

(b)    implementation of the provisions of United Nations Security Council Resolutions (UNSCRs) related to Targeted Financial Sanctions on Terrorism Financing, Proliferation of Weapons of Mass Destruction and Proliferation financing;

(c)    the prosecution of terrorism and terrorism financing offences, proliferation and financing the proliferation of weapons of mass destruction, and other offences under this Act; and

(d)    facilitation of adherence to relevant UNSCRs related to Terrorism Financing (TF) and Proliferation Financing (PF), including UNSCR 1267 and 1273 and successor resolutions.

4.        Role of the National Security Adviser.

The National Security Adviser shall—

(a)    formulate policies for the effective implementation of concerted counter-terrorism and terrorism financing efforts;

(b)    ensure the effective formulation and implementation of a comprehensive counter-terrorism strategy in Nigeria;

(c)    provide support to all relevant security, intelligence, and law enforcement agencies, and   military services to prevent and combat acts of terrorism and terrorism financing in Nigeria

          (d)    build capacity for the effective perform of functions under any law or regulation;

(e)    subject to the approval of the President, establish a National Counter Terrorism Centre for effective coordination of relevant agencies under this Act; and

          (f)     perform such other functions that the President may deem necessary for the effective                   implementation of counter-terrorism measures under this Act.

CLICK TO READ MORE,

LAWS OF THE FEDERAL REPUBLIC OF NIGERIA

LAWS OF THE FEDERATION OF NIGERIA BY YEARS (MADE BETWEEN 1999-DATE)