The fight against insecurity in the country gained a boost, as Nigerian authorities approved life imprisonment or death sentence for anyone convicted of hostage-taking, kidnapping, or hijacking, in the Terrorism (Prohibition and Prevention) bill, 2022 signed into law by President Muhammadu Buhari.
The legislation passed by the National Assembly and seen by Nigerian Tribune seeks to “provide for an 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.”
Section 24(1a-c) of the law provides that: “A person, who knowingly or intentionally – seizes, detains, or attempts to seize or detain a person, property, or facility in order to compel a third party to do or abstain from doing a lawful act; threatens to kill, injure or continue to detain a person in order to compel a third party to do or abstain from doing a lawful act; or gives an explicit or implicit condition for the release of the person held hostage, or the property or facility detained, commits an offence.”
Section (2a-b) further provides that: “A person, who commits an offence under subsection (1) of this section, is liable on conviction –where death does not result from the act, to life imprisonment; or where death results from the act, to a death sentence.”
As encapsulated in Section 1(a-h) of the legislation, the objectives of the legal framework is 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 the proliferation of weapons of mass destruction in Nigeria, and other related matters.
It also provides for mechanisms for the implementation of financial measures arising from counter-proliferation Resolutions, in line with Article 41 of the Charter of the United Nations; and 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.
It further seeks to provide for: “Procedures for the declaration of a person or entity as a terrorist or terrorist entity, or terrorism financier; extraterritorial jurisdiction of the courts in relation to acts of terrorism; 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; measures for the detention, freezing, search and seizure, confiscation and forfeiture of terrorist property; and the compensation of victims of acts of terrorism.”
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Section 2 which centres on ‘Prohibition of acts of terrorism’, provides that: “All acts of terrorism and the financing of terrorism are prohibited”, while Section 2(2a-h) provides that: “A person or body corporate, within or outside Nigeria, who knowingly, directly or indirectly – does, attempts or threatens to do any act of terrorism; commits an act preparatory to or in furtherance of an act of terrorism; commits to do anything that is reasonably necessary to prevent an act of terrorism; assists or facilitates, or funds the activities of persons engaged in an act of terrorism; participates, as an accomplice, in or contributes to the commission of an act of terrorism or offences; assists, facilitates, organizes, or directs the activities of persons or entities engaged in any act of terrorism or is an accessory to any offence; incites, induces any person by any means whatsoever or promises any person any reward to commit any act of terrorism or any of the offences; or recruits for terrorist groups for any purpose, including the commission of acts of terrorism, commits an offence and is liable on conviction to the prescribed punishment.”
As defined by the law, ‘act of terrorism’ means an act willfully performed with the intention of furthering an ideology, whether political, religious, racial, or ethnic, and which- may seriously harm or damage a country or an international organization; unduly compels a government or an international organization to perform or abstain from performing any act; seriously intimidates a population.
It also includes acts that seriously destabilizes or destroys the fundamental political, constitutional, economic or social structures of a country or an international organization; influences a government or an international organization by intimidation or coercion; 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 (as amended); and involves, causes, or results in the – attack on a person’s life, in the form of grievous bodily harm or death, kidnapping of a person, 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, 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, among others.
The legislation however provides that “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), of this section.”
Section 11 of the law which stipulates the offences against internationally protected persons, provides that: “A person, who – kidnaps or commits an attack on an internationally protected person; murders an internationally protected person; carries out a violent attack on the official premises, private accommodation, or means of transport of an internationally protected person; or threatens to commit any such attack, commits an offence and is liable on conviction to not less than 25 years and up to a maximum of life imprisonment, where death does not result from the act referred to in paragraphs (a) and (c) of this section;
It further provides for the death penalty, where death results from the act in paragraphs (a), (b), (c) of this section; or in the case of the offence under paragraph (d) of this section, to a term of imprisonment of not less than 20 years.
The legislative which prohibits terrorist meetings, stipulates that: “A person, who knowingly – arranges, manages, assists in arranging or managing, participates in a meeting or an activity, which in his knowledge is concerned or connected with an act of terrorism or terrorist group; collects, or provides logistics, equipment, information, articles or facilities for a meeting or an activity, which in his knowledge is concerned or connected with an act of terrorism or terrorist group; or attends a meeting, which in his knowledge is to support a proscribed entity or to further the objectives of a proscribed entity, commits an offence, and is liable on conviction to imprisonment for a term of not less than 20 years.
On the ‘Offences relating to civil aviation, safety of ships and fixed platforms, Section 34 provides that: “A person who, on board an aircraft in flight, seizes or exercises control of that aircraft by force, threat or any other form of intimidation, commits an offence, and is liable on conviction to life imprisonment.”
Section 35 provides that: “A person, who – commits an act of violence against a person on board an aircraft in flight, if that act is likely to endanger the safety of that aircraft; destroys an aircraft in service, or causes damage to an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; places or causes to be placed on an aircraft in service, by any means whatsoever, a device or a substance which is likely to destroy that aircraft, or cause damage to it, which renders it incapable of flight, or cause damage which is likely to endanger its safety in flight.”
The legislation is also applicable to a person who “destroys or damages air navigation facilities or interfering with their operation, if the act is likely to endanger the safety of the aircraft in flight; or communicates information, which the person knows to be false, thereby endangering the safety of the aircraft in flight, commits an offence, and is liable on conviction to – imprisonment for a term of not less than 20 years, or a death penalty, where death results from the commission of the act.”
Section 46 of the legislation which places embargo on arms, stipulates that: “A person, who supplies, sells, or transfers, directly or indirectly, to individuals placed on the Consolidated List, arms and related materiel of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and their spare parts as well as technical advice, assistance, or training related to military activities, whether this conduct is carried out – within the territories of Nigeria; by nationals of Nigeria abroad; or by anyone using flag vessels or aircraft from Nigeria, commits an offence, and is liable on conviction to imprisonment for a term of not less than 20 years.
