By Kaine Ananwune
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Yesterday, 4th of May, 2021 the legal community in Nigeria was awash with the news credited to Alhaji Lai Mohammed where he stated thus: “It is shocking that a party that ruled this nation for all of 16 years does not know that kidnapping and banditry are not federal offences”
In addition to the shock experienced by Alhaji Lai Mohammed, It is equally shocking to me that a highly placed federal government official who is the mouth piece of the Federal Republic of Nigeria and a very senior lawyer for that matter would make such a fallacious statement apparently out of ignorance. May I remind Alhaji Lai Mohammed that there is an Act of the National Assembly called “TERRORISM (PREVENTION) ACT, 2011. Section 1 of the said Act provides:
I (1) A person who knowingly –
(a) does, attempts or threatens to do an act preparatory to or in
furtherance 0f an act of terrorism;
(b) commits to do anything that is reasonably necessary to
promote an act of terrorism; or
(c) assists or facilitates the activities of persons engaged in an
act of terrorism.
commits an offence under this Act.
(2) In this section. “act of terrorism” means an act which is deliberately
done with malice, aforethought and which:
(a) may seriously harm or damage a country or an international
organization;
(b) is intended or can reasonably be regarded as having been
intended to –
(i) unduly compel a government or international
organization to perform or abstain from performing
any act,
(ii) seriously intimidate a population,
(iii)seriously destabilize or destroy the fundamental political, constitutional, economic or social structures
of a country or an international organization, or
(iv) otherwise influence such government or international
organization by intimidation or coercion; and
(i) an attack upon a person’s life which may cause serious
bodily harm or death;
(c) involves or causes, as the case may be .-
(ii) kidnapping of a person;
(iii) destruction to a Government or public facility, a
transport system, an infrastructure facility, including an
information system, a fixed platform located on the
continental shelf, a public place or private property,
likely to endanger human life or result in major
economic loss;
(iv) the seizure of an aircraft, ship or other means of public
or goods transport and diversion or the use of such
means of transportation for any of the purposes in
paragraph (b) (iv) of this subsection;
(v) the manufacture. possession. acquisition. transport.
supply or use of weapons, explosives or of nuclear.
biological or chemical weapons, as well as research into,
and development of biological and chemical weapons
without lawful authority;
(vi) the release of dangerous substance or 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:
From the wordings of Section 1(2) (c) (ii) it is as clear as sunlight that kidnapping amounts to terrorism. Again, the euphemism “banditry” which entails possession and use of sophiscated firearms and dangerous weapons, unprovoked attack on human lives resulting in deaths and life threatening injuries; wanton destruction of public and private properties, are all clear cases of terrorism.
May I also draw the attention of the honorable minister of information to the clear provisions of sections 30 and 32 of the same Act which provide inter alia thus:
30 (I )Subject to the general powers of the Attorney General of the Federation to
institute and undertake criminal proceedings on behalf of the Federal
Government of Nigeria, he may delegate his power to any agency charged
with responsibility of terrorists investigation to institute criminal
proceedings against any person in respect of offences categorized in this Act
- (1 )The Federal High Court shall have the sole jurisdiction to try an offence Jurisdiction, and impose the penalties specified in this Act.
From the combined reading of the foregoing provisions of Section 1, 30 and 32 of the Terrorism Act, 2011, it is crystal clear that kidnappings and banditry are federal offences that can be prosecuted in the federal high court by the Attorney General or his delegate; hence Alhaji Lai Mohammed, the minister of information of Federal Republic of Nigeria lied when he said kidnapping and banditry are not federal offences.
By Kaine Ananwune Esq.
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