During a recent televised discussion, security expert Kabiru Adamu emphasized a crucial legal distinction, stating that the formal power to designate an organization as a terrorist group lies solely with Nigeria's judiciary, not with the president or executive cabinet.
This clarification was prompted by recent statements from the Federal Government. The Minister of Information and National Orientation, Mohammed Idris, reiterated President Bola Tinubu's policy directive that kidnappers and bandits would now be treated as terrorists. The government's stated goal is to improve intelligence sharing and operational coordination among security agencies.
However, speaking on Politics Today, Adamu, the Managing Director of Beacon Consulting Ltd, pointed to specific legal statutes. He cited the Terrorism (Prohibition and Prevention) Act, amended in 2022, which outlines the formal procedures for such a designation.
According to Adamu, this law places the responsibility to petition for a terrorist designation with the Attorney General of the Federation, while the ultimate authority to make that determination rests with a "competent court of jurisdiction."
Adamu expressed concern that placing this power within the executive branch could lead to politicization, especially during a sensitive political season with campaigns underway. He warned that such a precedent could be exploited to target political opposition or specific groups arbitrarily, which he argued would be harmful to democratic principles.
The expert's analysis highlights the constitutional separation of powers in Nigeria, where the executive branch issues policy directives for security operations, but a formal judicial process is required to legally categorize and prosecute organizations under anti-terrorism laws.
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