NIGERIAN LAW GOVERNING TERRORIST ORGANIATION

Spread the motivation
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By: Andy Apkorugo Jr.

I have been most amused by the reaction of erudite minds, legal or melodramatic, to the declaration by the DHQ that IPOB is a terrorist organization.

They have borne as proud placards Section 2 of the Terrorism Prevention Act which in truth is inapplicable
The Section provides as follows:

“2. Proscribed Organisation.
(1). Where two or more persons associate for the purpose of or where an organization engages in—
(a) Participating or collaborating in an act of terrorism;
(b) promoting, encouraging or exhorting others to commit an act of terrorism; or
(c) setting up or pursuing acts of terrorism, the judge in Chambers may on an application made by the Attorney General, National Security Adviser or Inspector General of Police on the approval of the President; declare any entity to be a proscribed organization and the notice should be published in official gazette.

(2) An order made under sub-section (1) of this section shall be published in the official gazette, in two National newspapers and at such other places as the judge in Chambers may determine.”

But the DHQ didn’t proscribe or claim to proscribe IPOB. They simply declared it terrorist.

Someone less amused should please show me in cold letters where any law prevents the DHQ from so declaring. Even a most simplistic look at the law quoted, shows that indeed an organization must first exist as a terrorist organization outside the conclusion of the judiciary before it is taken there for proscription. It is that existence that the DHQ has merely identified!

I offer to wait for one year to be proved wrong!

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