TERRORISM (PREVENTION) ACT, 2011
Section 40: Interpretation.
In this Act- Interpretation.
"act of terrorism" means any act specified in section 1 of this Act;
"bank" has the same meaning as in Banks and Other Financial Institutions Act and includes a person:
(a) engaged in deposit-taking business and authorized to do so under the Banks and Other Financial Institutions Act; and
(b) who carries on any business or activity regulated by the Central Bank of Nigeria;
"cash dealer" means a person authorized under the Foreign (Monitoring and Miscellaneous Provisions) Exchange Act to carry on the business of foreign exchange dealer or money changer;
"counter terrorism convention" refers to any of the following conventions when it is ratified-
(a) Convention on Prevention and Punishment of Crimes Against Internationally protected Persons;
(b) International Convention Against the Taking of Hostages;
(c) International Convention for the Suppression of Terrorist Bombing;
(d) Convention Against Terrorist Financing;
(e) Convention on Offences and Certain Other Acts Committed on Board Aircraft;
(f) Convention for the Suppression of the Unlawful Seizures of Aircraft;
(g) Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation;
(h) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation;
(i) Convention on the Making of Plastic Explosive for the purpose of Detection;
(j) Convention for the Suppression of Unlawful Acts against the safety of Maritime Navigation;
(k) Protocol for the Suppression of Unlawful Acts against Fixed Platforms located on the Continental Shelf;
(l) Convention on the Physical Protection of Nuclear Material, whenever they are duly ratified; and
(m) or such other convention assented by the Nigeria Government;
"National Security Adviser" means The National Security Adviser to the President of the Federal Republic of Nigeria or any delegated Officer by him;
"Director-General" means the Director of the State Security Service;
"Financial Institution" means any institution or person regulated by any of the enactments specified in the Schedule to this Act;
"Government" means the Government of the Federal Republic Nigeria or any State within Nigeria;
"Inspection General of Police" means The Inspector General of Police of Nigeria or any delegated Officer by him.
"law enforcement agency" means the:
(a) Nigeria Police Force;
(b) Department of State Security Services;
(c) Economic and Financial Crimes Commission;
(d) National Agency for the Prohibition of Traffic in Persons;
(e) National Drug Law Enforcement Agency;
(f) National Intelligence Agency;
(g) Nigeria Customs Service;
(h) Nigeria Immigration Service;
(i) Defence Intelligence Agency;
(i) Nigeria Security and Civil Defence Corps (NSCDC); and
(k) Any other agency empowered by an Act of the National Assembly;
"President" means the President of the Federal Republic of Nigeria;
"proceeds of terrorism" means any property derived or obtained from the commission of any terrorist act or acquired through funds traceable to a terrorist act and includes funds irrespective of the person in whose names such proceeds are standing or in whose possession they are found;
"proscribed organization" -
(a) Means an organization which has been declared to be a proscribed organization under section 2 of this Act, and
(b) Includes a group which has been declared to be an international terrorist group under section 9 of this Act;
traceable to a terrorist act and includes funds irrespective of the person in whose names such proceeds are standing or in whose possession they are found;
"prosecuting agency" means the:
(a) Nigeria Police Force;
(b) Economic and Financial Crimes Commission; and
(c) Department of State Security Services;
"terrorist" means any person involved in the offences under Sections 1 to 14 of this Act and includes his sponsor;
"terrorist investigation" means an investigation of:
(a) the commission, preparation or instigation of an act of terrorism or any other offence under this Act;
(b) any act or omission reasonably suspected to have been done in furtherance of an act of terrorism or any other offence under this Act; and
(c) the resources of a proscribed organization;
"terrorist property" means a property which-
(a) has been, is being or is likely to be used for any act of terrorism;
(b) has been, is being or is likely to be used by a prescribed organization;
(c) is the proceeds of an act of terrorism; or
(d) is provided or collected for the pursuit of, or in connection with, an act of terrorism;
"Trustee" has the same meaning as in the Trustees Act and Companies and Allied Matters Act.
Cite this section
Section 40, TERRORISM (PREVENTION) ACT, 2011 (2011).
https://repo.podus.ai/laws/terrorism-prevention-act-2011/section/40/