A security expert, Kabiru Adamu, has faulted the Federal Government’s stance on designating kidnappers and bandits as terrorists, insisting that only the courts have the constitutional backing to make such a declaration.
Adamu said neither the President nor members of the Federal Executive Council possess the legal authority to unilaterally brand any group as a terrorist organisation under Nigerian law.
Naijaonpoint reports that his comments followed a statement by the Minister of Information and National Orientation, Mohammed Idris, who on Monday reiterated President Bola Tinubu’s declaration that kidnappers and bandits would henceforth be treated as terrorists.
The minister made the remark during the Federal Government’s end-of-year press briefing in Abuja, explaining that the policy was aimed at boosting intelligence sharing and strengthening operational coordination among security agencies.
According to Idris, the new stance would enable security agencies to deploy stronger measures in tackling kidnapping and banditry across the country.
However, speaking on Channels Television’s Politics Today on Monday, Adamu, who is the Managing Director of Beacon Consulting Ltd, said the declaration could not stand unless it followed due legal process.
He explained that the Terrorism (Prevention and Prohibition) Act, as amended in 2022, clearly outlines how terrorist organisations are identified and designated in Nigeria.
“The law that determines who a terrorist is in Nigeria is the Terrorism (Prohibition and Prevention) Act, as amended in 2022. It defines what constitutes terrorism and also provides procedures for determining who or what qualifies as a terrorist group, or who is supporting and financing terrorism,” he said.
Adamu stressed that the Act does not vest such powers in the executive arm of government.
“That law assigns the responsibility for such determinations to a competent court of jurisdiction and places the duty of petitioning for these determinations on the Attorney General of the Federation,” he added.
The security expert was emphatic that even the President does not have the authority to designate a group as a terrorist organisation.
“So, even the president does not have the power to determine whether a group is a terrorist organization, nor does any member of the executive arm. That authority resides with the judiciary, through a competent court of jurisdiction,” Adamu said.
He reiterated that the law was deliberately structured this way to protect democratic principles and prevent abuse of power.
“The president does not have the power to determine whether a group is a terrorist or not, neither does any member of the administration. That power resides with the competent court of jurisdiction,” he maintained.
Adamu further warned that allowing the executive to wield such powers could open the door to politicisation, with grave consequences for Nigeria’s democracy.
“It would lead to politicization,” he said. “Anyone within the executive arm could, for instance, wake up one day and declare any group a terrorist organization, and the danger lies in the consequences that would follow.”
He also linked his concerns to the current political climate in the country.
“We are in a political season; the campaigns have already begun. So, if that power rests with the executive, I believe it would be harmful to our democracy,” Adamu cautioned.
The expert urged the government to adhere strictly to the provisions of the law while intensifying efforts to tackle insecurity through lawful and constitutionally backed means.