Kidnappers, pipeline vandals to face death for loss of human lives
By BEN AGANDE & TORDUE SALEM
ABUJA—THE Senate, yesterday, passed a tough Anti-Terrorism Bill prescribing death for any act of terror including kidnapping, pipeline destruction or similar acts that leads to loss of human life.

The proposed law aiming to position Nigeria in the global fight against terror would, however, require corresponding endorsement by the House of Representatives. Action on the bill was, however, deferred in the House of Representatives.

The House suspended consideration of the bill following complaints by some of the lawmakers against a hasty passage of the report on the bill in order to protect the basic rights of majority of Nigerians.

Maximum imprisonment

Persons convicted for belonging to terror groups under the bill passed by the Senate would be liable to a maximum of 20 years imprisonment while individuals convicted of involvement in kidnapping which do not lead to loss of life would be liable to imprisonment for up to 10 years.

The passage of the Bill followed the adoption of the report presented by the joint Senate committees on Security and Intelligence, Judiciary and Justice and read by the chairman of the senate committee on Security and Intelligence, Senator Nuhu Aliyu.

Under the new Bill, the Senate defined Terrorism as ‘an act which is deliberately done with malice, aforethought and which may seriously harm or damage a country or an International Organization and (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.

Acts which by the Bill constitute Terrorism include
(i)  An attack upon a person’s life which may cause serious bodily harm or death
(ii)  Kidnapping of a person
(iii)  Destruction of a government or public facility, transport system, an infrastructural facility including an information system a fixed platform located on the continental shelf, 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 sub_section.
It also include

Supply or use of explosives

(I)     The manufacture, possession, acquisition, transport, supply or use of weapons, explosive or of nuclear, biological or chemical weapons, as well as research into, and development of biological and chemical weapons without lawful authority
(II)    The release of dangerous substance or causing fire, explosions or floods, the effect of which is to endanger human life
(III)   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; or

(IV)    An act or omission in or outside Nigeria which constitutes an offence within the scope of a counter terrorism protocols and conventions duly ratified by Nigeria.

The Bill also empowers a judge in chambers upon an application made by the Attorney general of the Federation, the national Security Adviser or the Inspector general of Police to proscribe any organization which participate, collaborate, promote, encourage or exhort others to commit acts of terrorism.

Proscribed organisation

Any body that belongs or professes to belong to such proscribed organization, the bill provides, shall ‘on conviction be liable to imprisonment for a maximum term of 20 years’.

On kidnapping and Hostage taking, the Bill provides that
(i)     A person who knowingly
(a)     Seizes, detains or attempts to seize or detain; or
(b)     Threatens to kill or injure or continue to detain another person in order to compel a third party to do abstain from doing any act or gives an explicit or implicit condition for the release of the hostage, commits an offence under this act and shall on conviction be liable to imprisonment for a maximum term of 10 years

On funding of terrorist activities, the Bill provides that any person who knowingly solicits, receives, provides or possess monetary or other property or enters into or becomes involved in an arrangement as a result of which money or other property is made available, or is to be made available for the purpose of terrorism or for a proscribed organization shall on conviction be liable to imprisonment for a maximum term of 10 years.

The bill also empowers the National Security Adviser or the Inspector General of police, with the approval of the President to seize any cash where he has reasonable grounds to suspect that the cash is intended to be used for the purposes of terrorism or belongs to or is held in trust for, a proscribed organization or represents property obtained through acts of terrorism.

Section 15 of the bill provides that any body involve in an arrangement which facilitates the retention of or control by, or on behalf of, another person or a terrorist group through concealment, removal of jurisdiction or transfer to any other person commits an offence and shall on conviction be liable to an imprisonment for maximum term of 10 years.

Under the new bill, any financial institution which fails to forward any suspicious transaction by a suspected terrorist is liable to a minimum fine of N5, 000,000 or for a maximum prison term of five years, and in a situation where the institution continues with the breach, ‘it shall on conviction be liable to a minimum fine of N5,000,000 or imprisonment  for a maximum term of five years for the principal officers of the institution or the defaulting officer.

The Bill provides that where any assistance is sought by a foreign state in the investigation or prosecution or even extradition where there is a mutual treaty, the Attorney General is expected to execute such request or inform the foreign state why the request will not be executed or delayed.

The bill also empowers the National Security Adviser or the Inspector General of Police to seal up any premise or stop and board any aircraft, vessel or vehicle without a search warrant if there is a case of ‘verifiable urgency’ that  approach a Judge in chambers may be prejudicial to the maintenance of public safety.