TERRORISM (PREVENTION) ACT, 2011

Section 35: Refusal of application for registration and the revocation of charities linked to terrorist groups.

2011Section 35 of 41Federal Republic of Nigeria

(1) The Registrar General of the Corporate Affairs Commission responsible for the registration of charities/organization may sign a certificate refusing or revoking registration of charity based on security or criminal intelligence reports, where there are reasonable grounds to believe that an applicant for registration as a registered charity has made, is making or is likely to make available any resources, directly or indirectly, to a terrorist group.
(2) A copy of the signed certificate shall be served on the applicant or the registered charity, personally or by registered letter sent to its last known address,' with a copy of the certificate.
(3) The certificate or any matter arising out of it shall not be subject to review or be reinstated, prohibited, removed, set aside or otherwise dealt with, except in accordance with this section.
(4) Within 60 days of receipt of the copy of the notice under sub-section (1), the applicant or the registered charity may make an application to the Federal High Court.
(5) Upon the filing of an application under subsection (4), a judge of that court shall:
(a) examine the security or criminal or intelligence reports, considered by the Registrar General of the Corporate Affairs Commission before signing the certificate and hear any evidence or information that may be presented by or on behalf of the Minister;
(b) provide the applicant or the registered charity with a statement summarizing the information available to the judge so as to enable the applicant or the registered charity to be reasonably informed of the circumstances giving rise to the certificate, without disclosing any information the disclosure of which would in the judge's opinion, be prejudicial to national security or endanger the safety of any person;
(c) provide the applicant or registered charity with a reasonable opportunity to be heard; and
(d) determine whether the certificate is reasonable on the basis of all the information available to the judge or not.
(6) Where the judge determines, under sub-section (5) that the certificate is reasonable or if no application is brought upon the expiry of 60 days from the date of service of the notice, the Registrar General of the Corporate Affairs Commission shall cause the certificate to be published in the official Gazette.
(7) A certificate determined to be reasonable under sub-section (5), shall be deemed for all purposes to be sufficient grounds for the refusal of the application for registration of the charity or the revocation of the registration of the charity referred to in the certificate.
(8) Where the Judge determines the revocation order certificate is not reasonable, he shall order the registration or continued registration of the charity.

Cite this section

Section 35, TERRORISM (PREVENTION) ACT, 2011 (2011).

https://repo.podus.ai/laws/terrorism-prevention-act-2011/section/35/