Section 13: Substitute for sections 26-29

Substitute for sections 26-29 of the Principal Act new sections "26-34"-
Recording measurements samples, photograph or fingerprint impressions during investigations
26.(1)Any law enforcement or security officer shall take and record, for the purpose of identification and evidence, the measurements, samples, photographs and fingerprint impressions of aII persons who may, from time to time, be in lawful custody for any offence under this Act.
(2) A person who refuses to submit to the taking and recording of his measurements, photographs or fingerprint impressions shall be taken before the court and where the court is satistied that such a person is in lawful custody, it shall make such order as it deems fit authorising the law enforcement officer to take measurements, photographs and fingerprint impressions of such a person.
Detention for offences related to terrorism
27.-(1) The court may, pursuant to an ex-parte application, grant an order for the detention of a suspect under this Act tor a period not exceeding 90 days subject to renewal tor a similar period until the conclusion of the investigation and prosecution of the matter that led to the arrest and detention is dispensed with.
(2) Any officer of the law enforcement or security agency may use such force as may be reasonably necessary for the exercise of the powers conferred by subsection (1) of this section.
(3) A person found on any premises or place or in any conveyance may be detained by the relevant law enforcement officer of any agency untiI the completion of the search or investigation under the provisions of this Act.
Access to a detained person pending conclusion of terrorist investigation
28.-(1) Where a person is arrested under reasonable suspicion of having committed any offence under this Act, the relevant law enforcement or security officer may direct that the person arrested and be detained in custody for a period not exceeding forty-eight hours from his arrest, without having access to-
(a) any person other than a medical officer of the relevant law enforcement or security agency or his counsel; or
(b) any phone or communication gadget.
(2) A direction under subsection (1) of this section shall not be issued unless the law enforcement agency has reasonable grounds to believe that giving access to any person, other than the medical officer or his counsel as specified in that subsection shall-
(a) lead to interference with or destruction of the evidence connected with an offence under this Act or to interference with or physical injury to other persons;
(b) lead to alerting of other persons suspected of having committed an offence under this Act or any other law but who are not yet arrested; or
(c) hinder the tracking, search and seizure of terrorist property.
(3) As soon as a direction is issued under subsection (1) of this section, the person detained shall be informed that he may, if he so wishes, be examined by a medical officer or speak to his counsel.
(4) Where a person arrested under this Act is granted bail by a court within the 90 days detention period stipulated by this Act, the person may, on the approval of the Head of the relevant law enforcement agency be placed under a house arrest and shall-
(a) be monitored by its officers;
(b) have no access to phones or communication gadgets; and
(c) speak only to his counsel until the conclusion of the investigation.
Intelligence gathering
29.(1) Without prejudice to any other law, the relevant law enforcement agency with the approval of the Attorney - General of the Federation may, with the approval of the Coordinator on National Security for the purpose of the
prevention of terrorist acts or to enhance the detection of offences related to the preparation of a terrorist act or the prosecution of offenders under this Act, apply ex-parte to a judge for an interception of communication order.
(2) Ajudge to whom an application is made under subsection (1) may make an order to-
(a) require a communication service provider to intercept and retain a specified communication or communications of a specified description received or transmitted or about to be received or transmitted by that communications service provider;
(b) authorize the relevant law enforcement agency to enter any premises and to install in such premises, any device for the interception and retention of a communication or communications or speci tied description and to remove and retain such a device tor the purpose of intelligence gathering; and (c) authorize the relevant law enforcement agency to execute covert operations in relation to an identified or suspected terrorist group or persons for the purpose of gathering intelligence.
(3) An order under this section shall specify the maximum period for which a communications service provider may be required to retain communications data.
(4) Any information contained in a communication-
(a) intercepted and retained pursuant to an order under subsection (3), or
(b) intercepted and retained in a foreign state in accordance with the law of that foreign state and certified by a judge or that foreign state to have been so intercepted and retained, shall be admissible in a proceeding for an offence under this Act, as evidence of the truth of its content.
(5) In this section-
"communications service provider" means a person who provides postal, information or communication services, including telecommunications services;and
"data" means information generated, sent, received or stored that can be retrieved by electronic, magnetic, optical or any similar means.
Detention of a conveyance
30.-(1) Any authorised officer of the relevant law enforcement or security agency may issue a detention order in respect of a conveyance, if he is of the opinion that-
(a) a threat has been made to commit an act of violence against the conveyance or against any person or property on board the conveyance;
(b) the conveyance is used or intended to be used to commit an offence under this Act, or
(c) an act of violence is likely to be committed against the conveyance, or against any person or property on board the conveyance.
(2) Where the operator of a conveyance fails to comply with a detention order under subsection (1) of this section, the authorized person may-
(a) enter or authorize any other person to enter the conveyance; or
(b) arrange for the person or thing under threat to be removed from the conveyance.
(3) The authorised officer shall give written notice to the operator of the conveyance of any detention order issue under this section.
(4) Where the operator or a conveyance objects to a detention order made pursuant to this section, the operator may apply to the court, and the court may, after considering the application. confirm, vary or cancel the order.
(5) In this section-
"conveyance" means an aircraft, train, vehicle, vessel or any other mode of transportation.
(6) Any person who-
(a) without reasonable excuse, fails to comply with the requirement of a detention order; or
(b) intentionally ohstructs or hinders any person acting in accordance with subsection (2) of this section, commits an offenceunder this Act and is liable on conviction to a fine of N5,000,000 or imprisonment for a term of not less than five years.
(7) Subsection 7 of the Principal Act is deleted.
Video recording and custody of records
31. (1) A video recording shall be made and kept in respect of any person, conveyance or property detained under any provision of this Act as may be required by the relevant enforcement or security agency.
(2) Records in respect or any person, conveyance or property detained under any provision of this Act shall be kept in the custody of the relevant enforcement or security agency.
(3) A video recording and other forms of electronic evidence shall be admissible in evidence before any court of competent jurisdiction in Nigeria for offences under this Act subject to the provisions of the Evidence Act.
(4) In this section, "video recording" includes the recording of visual images or sound by electronic or other technological means.
Evidence by certificate
32. Where in any proceeding for an offence under this Act, question arises as to whether anything or substance is a weapon. a hazardous, radioactive or harmful substance, a toxic chemical or microbial or other biological agent or toxin, a certiticate purporting to be signed by an appropriate authority to the effect that the thing or substance described in the certificate is a weapon, hazardous, radioactive or harmful substance, a toxic chemical or other biological agent, shall be admissible in evidence without proof of the signature of the person appearing to have signed it and shall, in the absence of evidence to the contrary, be proof of the facts stated therein.
Protection of informants and information
33. Where a person volunteers to the relevant law enforcement or security agency any information that may be useful in the investigation or prosecution of an offence under this Act, the agency shall take all reasonable measures to protect the identity and life or that person and the information so volunteered shall be treated as confidential.
Protection of persons and witnesses
34.(1) The court may, on its own or on a motion by the Attorney-General or a relevant law enforcement or security agency, protect a witness or any person in any proceeding before it where it is satisfied that the life of the person or witness is in danger and take such measures as it deems tit to keep the identity and address of the witness or person secret.
(2) The measures which the court may take under subsection (1) of this section may include the-
(a) holding of the proceeding at a place to be decided by the court;
(b) avoidance or the mention of the real name and address of the witness or person in its orders, judgments or records of the case, which are accessible to the public; or
(c) issuing of a direction for ensuring that the identity and address of the witness or person are not disclosed;
(d) undertaking the proceeding in camera in order to protect the identity and location of witnesses and other persons.
(3) The court may also decide, in the public interest and national security that-
(a) all or any of the proceedings pending before the court shall not be published in any manner; and
(b) that such proceedings shall be adjourned and the accused persons detained pending when the Attorney-General is able to guarantee the safety of the witnesses and other persons involved in the matter.
(4) The court may, on an application by or on behalf of the relevant law enforcement or security agency, in the interest of public safety or order, exclude from proceedings for any offence under this Act any person other than the parties and their legal representatives.
(5) A person who contravenes an order or direction made under this section commits an offence and is liable on conviction to imprisonment term of not less than five years."