Sufuyan Ojeifo
17 September 2008
Abuja — After a hot and exhaustive debate, the Senate yesterday referred the bill which seeks to outlaw terrorism and terrorists activities in the country to the Committees for further legislative action, thus setting the stage for its third reading.
The Bill, sponsored by Senators Anthony Manzo, Victor Ndoma-Egba (SAN), Iyabo Obasanjo-Bello, Bala Mohammed, Lee Maeba, Ehigie Uzamere, Femi Kila, Felix Bajomo, Alloysius Etok, Nuhu Aliyu and Mohammed Ahmed, gives the Attorney General of the Federation the power to order arrest and detention of persons with traits of terrorism for upwards of 60 days without trial.
Entitled: "A Bill for an Act to Make provisions for the Enhancement of Nigerian National Security and for Other Matters Connected Therewith", it prescribes a 10-year imprisonment upon conviction for any person who provides, collects or makes available, by any means, directly or indirectly, any property, intending, knowing or having reasonable grounds to believe that the property will be used in full or in part to carry out a terrorist act.
It also prescribes a prison term, not exceeding 15 years, for "any person who, directly or indirectly, provides or makes available, financial or other related services, intending that they be used, in whole or in part, for the purpose of committing or facilitating the commission of, a terrorist act or for the purpose of benefitting any person who is committing or facilitating the commission of, a terrorist act; or, knowing that in whole or part, they will be used, or will benefit, a terrorist group."
The bill also considers it an offence for any person to use items of property for the commission of terrorist acts.
According to Section 5 of Part 11 under offences, "Any person who (a) uses property, directly or indirectly, in whole or in part, for the purpose of committing or facilitating the commission of a terrorist act; or, (b) possesses property intending that it be used or knowing that it will be used, directly or indirectly, in whole or in part, for the purpose of committing or facilitating the commission of a terrorist act commits an offence and shall on conviction, be liable to imprisonment for a term not exceeding 10 years."
Section 6 states: "Any person who knowingly enters into, or becomes concerned in, an arrangement which facilitates the acquisition, retention or control by or on behalf of another person of terrorist property-by concealment, by a removal out of jurisdiction, by transfer to a nominee, or in any other way- commits an offence and shall on conviction, be liable to imprisonment for a term not exceeding 5 years."
Any person who also knowingly deals with terrorists' property will be deemed to have committed an offence and shall on conviction be liable to imprisonment for a term not exceeding 7 years; while any person who knowingly solicits and gives support to terrorist groups or for the commission of terrorist acts is deemed to commit an offence and is liable on conviction to a 10-year imprisonment.
The Bill, in Section 15, provides for a 15-year imprisonment for any person caught harboring persons who commit terrorist acts, the same term of imprisonment for any person caught to have provided devices to terrorist groups.
Recruitment of persons to be members of terrorist groups or to participate in terrorist acts is an offence which attracts an imprisonment term, not exceeding 10 years; while providing training and instruction to terrorist groups and persons committing terrorist acts attracts a 20-year imprisonment term.
In addition, any person who incites, promotes or solicits property for the commission of terrorist acts is an offence that also attracts a 20-year jail term, just as the provision of facilities in support of terrorist acts as an offence attracts the same number of year in jail.
The Bill was referred to the Committees on Judiciary, Human Rights; Foreign Affairs; and, National Security and intelligence
Chairman of the Senate Committee on National Security and Intelligence, Senator Nuhu Aliyu will chair the ad-hoc committee saddled with fine tuning the bill for further legislative action in plenary.
But contributing to the second reading debate (on the billís general principles), a majority of the senators expressed concern that the bill might create a civilian dictatorship through the office of the Attorney General of the Federation.
Senator Andrew Babalola from Oyo State cautioned his colleagues against making laws that would backfire, reminding of the pending Freedom of Information (FoI) bill and the yet to be answered Niger Delta question which, according to him, were of greater priority.
Senator Emmanuel Paulker from Bayelsa State said that unless the vital terms terrorism, terrorist, and what makes one a terrorist ,among others - were defined, the bill would be unconstitutional and would infringe on rights of persons to pursue legitimate causes.
Deputy Senate Leader, Senator Ndoma-Egba, in his contribution, stated that the bill seemed to have violated Section 4 and 232(2) of the Nigerian Constitution as well as infringed on the role of the judiciary.
Deputy Senate President, Senator Ike Ekweremadu, who presided over yesterdayís sitting, put the question on whether or not to approve the second reading of the bill.
Although those who wanted the bill to die were more overwhelming in the voice-votes, Ekweremadu ruled in favour of those who supported the bill, consequent upon which it was referred to the three committees, acting as an ad-hoc committee.
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