The Nigerian government’s recent declaration of certain armed groups as terrorists has sparked debate, with a prominent consultant arguing that the president lacks the authority to make such designations. According to Kabiru Adamu, Managing Director of Beacon Consulting Limited, the power to determine whether a group is a terrorist organization rests with the courts, not the executive branch.
In an interview on Channels Television’s Politics Today, Adamu stated that the Terrorism (Prohibition and Prevention) Act, as amended in 2022, outlines the procedure for determining what constitutes a terrorist group. The law defines terrorism and provides guidelines for identifying and prosecuting terrorist organizations, but it does not grant the president or any member of the administration the power to unilaterally declare a group as terrorist.
Instead, the Act assigns the responsibility for determining whether a group is a terrorist organization to a competent court of jurisdiction, with the Attorney-General of the Federation responsible for petitioning and reaching that determination. This means that even the president does not have the authority to declare a group as terrorist, and any such designation would require a court ruling.
Adamu’s comments come as the Tinubu administration has declared certain armed groups as terrorists, sparking concerns about the implications of such designations. The consultant’s argument highlights the importance of adhering to established legal procedures in determining whether a group poses a terrorist threat.
The Terrorism (Prohibition and Prevention) Act is a key piece of legislation aimed at combating terrorism in Nigeria. By outlining clear guidelines for identifying and prosecuting terrorist organizations, the Act provides a framework for addressing the complex issue of terrorism in the country. As the Nigerian government continues to grapple with the challenge of armed groups, the role of the courts and the Attorney-General’s office in determining terrorist designations is likely to remain a critical aspect of the country’s counter-terrorism efforts.
