Members of the proscribed Boko Haram and the Indigenous People of Biafra (IPOB), classified as terrorists risk maximum sentence or life imprisonment.
This is contained in the Terrorism (prevention and prohibition) Act signed into law recently by President Muhammadu Buhari.
However, the law has created a defense for members of the proscribed groups which will enable them escape either the minimum or maximum sentence.
The law states: “A person, who is a member or professes to be a member of a terrorist group or a proscribed entity, in or outside Nigeria, commits an offence, and is liable on conviction to imprisonment for a term of not less than twenty years and up to a maximum of life imprisonment.
“It shall be a defense for a person charged with an offence under subsection (1) of this section that the entity, in respect of which the charge is brought, was not a terrorist group or a proscribed entity at the time that person became a member or began to profess membership of that group or entity; and the person has not taken part in the activities of that group or entity, after it became a terrorist group or proscribed entity.
“A person, who conspires with another to commit an offence under this Part in Nigeria, or to commit an act of terrorism in any place outside Nigeria, being an act, which if done in Nigeria would have constituted an offence, is deemed to have conspired to do that act in Nigeria, and is liable on conviction to the same punishment as provided under this Bill for the offence to which the conspiracy relates.
“A person who knowingly, directly or indirectly aids and abets; induces, instigates, instructs; or counsels or procures another person by any means whatsoever to commit an act of terrorism, commits an offence.
“A person who commits an offence under subsection (2) of this section is liable on conviction, where the offence is committed, to the same punishment as Provided under this act for the offence to which the offence relates; and where the offence is not committed, to imprisonment for a term of not less than five years and not more than that provided for the full offence under this act,” the law said.
It states further that anybody who, being in lawful custody for act of terrorism, escapes from custody; or aids, facilitates, or abets the escape of a person, who is in lawful custody of the relevant agency for an act of terrorism, or suspected to have committed an offence under any of the provisions of this Bill, commits an offence, and is liable on conviction to imprisonment for a term of not less than twenty years.
It also states that any person who attempts to commit an offence under the lie is liable on conviction to the same punishment as provided for the offence to which the attempt relates.
It states further: “Where a person is charged with an attempt to commit an offence under this Part but the evidence establishes the commission of the full offence, the person shall not be acquitted but shall be convicted for the commission of the offence, and is liable on conviction to the Same punishment, as provided under this Part for the offence to which the attempt relates”
In addition, financing the travel of individuals who travel to a State other than their States of residence or nationality for the perpetration, planning, or preparation of, or participation in, terrorist acts or providing or receiving of terrorist training is deemed to have committed an offence and is liable upon conviction to imprisonment for a term of not less than twenty years and up to a maximum of life imprisonment.
In the same vein, knowingly or intentionally dealing in terrorist fund or property by “acquiring or possessing terrorist funds or property; entering into, or facilitating, directly or indirectly, any transaction in respect of a terrorist funds or property; .converting, concealing, or disguising terrorist funds or property; or providing financial or other services, in respect of terrorist fund or property, at the direction of a terrorist or terrorist group, commits an offence, and is liable on conviction to imprisonment for a term of not less than twenty years and up to a maximum of life imprisonment.
“Hostage taking, kidnapping, hijacking, threatening to kill and detaining anyone with the aim of compelling a third party to do an unlawful act among other is also an offence under the law.”
It added that “A person, who knowingly or intentionally (a) seizes, detains, or attempts to seize or detain a person, property, or facility in order to compel a third party to do or abstain from doing a lawful act; threatens to kill, injure or continue to detain a person in order to compel a third party to do or abstain from doing a lawful act; or gives an explicit or implicit condition for the release of the person held hostage, or the property or facility detained, commits an offence.
“A person, who commits an offence under subsection (1) of this section, is liable on conviction where death does not result from the act, to life imprisonment; or where death results from the act, to a death sentence,” it said. (The Nation)
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