Section 3: Substitution for sections3-8

Substitute for sections 3-8 of the Principal Act new sections "3-25
Offences against inetrnationally protected persons
3. Any person who intentionally-
(a) murders, kidnaps or commits other attacks on the person or liberty of an internationally protected person,
(b) carries out a violent attack on the official premises, private accommodation or means of transport of an internationally protected person in a manner likely to endanger his person or liberty, or
(c) threatens to commit any such attack, commits an offence and is liable on conviction to life imprisonment.
Terrorist meetings
4. Any person who-
(a) arranges, manages, assists in arranging or managing, participates in a meeting or an activity, which in his knowledge is concerned or connected with an act of terrorism or terrorist group,
(b) collects, or provides logistics, equipment, information, articles or facilities for a meeting or an activity, which in his knowledge is concerned or connected with an actor terrorism or terrorist group, or
(c) attends a meeting, which in his knowledge is to support a proscribed organisation or to further the objectives of a proscribed organization,
commits an offence under this Act and is liable on conviction to imprisonment for a term of not less than twenty years.
Soliciting and giving support to terrorist groups for the commission of terrorist
5.-( 1) Any person who knowingly, in any manner, directly or indirectly, solicits or renders support-
(a) for the commission or an act of terrorism, or
(b) to a terrorist group, commits an offence under this Act and is liable on conviction to imprisonment for a term of not less than twenty years.
(2) For the purposes of subsection (I) of this section, "support" includes-
(a) incitement to commit a terrorist act through the internet, or any electronic means or through the use of printed materials or through the dissemination of terrorist information;
(b) -receipt or provision of material assistance, weapons including biological,chemical or nuclear weapons, explosives, training, transportation, false documentation or identification to terrorists or terrorist groups;
(c) receipt or provision of information or moral assistance, including invitation to adhere to a terrorist or terrorist group;
(d) entering or remaining in a country for the benefit of, or at the direction of or in association with a terrorist group; or
(e) the provision or, or making available, such financial or other related services prohibited under this Act or as may be prescribed by regulations made pursuant to this Act.
(3) In this section, it is not necessary to prove that the material or information or facilities or financial assistance was actually collected or provided if it can be reasonably established that the person collected or provided the material, information or facilities or financial assistance to terrorists, or terrorist groups.
Harbouring terrorists or hindering the arrest of a terrorist
6.Any person, who knowingly harbours, conceals or causes to be harboured or concealed, hinders or interferes with the arrest of a person whom to his knowledge has-
(a) committed or about to commit an act of terrorism,
(b) likely to commit an act of terrorism,
(c) is a member of a terrorist group,
(d) has been convicted of an act of terrorism but escaped from punishment,or
(e) against whom he knew that a warrant of arrest had been issued,
commits an offence and shall be liable on conviction to imprisonment for a term of not less than twenty years.
Provision of training and instruction to terrorist groups or terrorists
7. Any person who, knowingly, agrees to provide or receive training, training material or instructions-
(a) in the making or use of any form of explosive or other lethal devices,
(b) in carrying out a terrorist act, to a member of a terrorist group,
(c) to a person engaging in or preparing to engage in the commission of a terrorist act, or
(d) in the practice of a military exercise or movements but who is not an authorized otlicer acting in the performance of an official duty, commits an offence and is liable on conviction, to imprisonment for a term of not less than twenty years.
Concealing of information about acts of terrorism
8.-(1) Subject to the provisions of subsections (2) and (3) of this section, where a person has information which he knows or believes to be of material assistance in-
(a) preventing the commission by any person or an organization of an act of terrorism, or
(b) securing the apprehension, prosecution or conviction of another person for an offence under this Act and fails to disclose such information to any law enforcement or security officer as soon as reasonably practicable,
commits an offence under this Act and is liable on conviction, to imprisonment for a term of not less than ten years.
(2) It is a defence for a person charged with an offence under subsection (1) of this section to prove that he-
(a} did not know and had no reasonable cause to suspect that the disclosure was likely to affect a terrorist investigation; or
(b) has a reasonable excuse for the non-disclosure or interference.
(3) Subsection (1) of this section does not require disclosure by a legal practitioner of any information, belief or suspicion based on any information, which he obtained in privileged circumstances.
(4) For the purpose of subsection (3) of this section, information is obtained by a legal practitioner in privileged circumstances where it is disclosed to him by-
(a) his client in connection with the provisions of legal advice, not being a disclosure with a view to furthering a criminal purpose; or
(b) any person lor the purpose of actual or contemplated legal proceeding and not with a view to furthering a criminal purpose.
Provision of devices to a terrorist
9. Any person who knowingly offers to provide, or provides any explosive or other lethal device to a terrorist group, a terrorist or .iny other person for use by, or for the benefit of, a terrorist group or a member of a terrorist group, commits an offence and is Iiable on conviction to imprisonment for a term of not less than twenty years.
Recruitment of persons to be members of terrorist group or to participate in terrorist acts
10. Any person who knowingly agrees to recruit or recruits another person to be a member of a terrorist group or participate in the commission of a terrorist act commits an offence and is liable on conviction to imprisonment to a term of not less than twenty years.
Incitement, promotion or solicitation of property for the commission of terror acts
11. Any person. who knowingly-
(a) incites or promotes thecommission of a terrorist act;
(b) incitesor promotes membership in a terrorist group; or
(c) solicits property for the benefit of a terrorist group or for the commission of a terrorist act commits an offence and is liable on conviction to imprisonment for a term of not tess than twenty years.
Provision of facilities in support of terrorist acts
12. Any person who being-
(a) the owner, occupier, lessee or person in charge of any building, premises, room, or place knowingly permits a meeting to be held in that building, premises, room or place,
(b) the owner, charterer, lessee, operator, agent or master of a vessel or the owner, charterer,lessee, operator. agent or pilot in charge of an aircraft knowingly permits that vessel or aircraft to be used, or
(c) the owner, lessee or person in charge of any equipment or facility that allows for recording, conferencing or meetings through the use of technological devices, knowingly permits that equipment, facility or devices to beused for purposes of committing an offence under this Act or for planning, promoting or supporting the commission of a terrorist act, commits an offence and is liable on conviction to life imprisonment.
Financing of terrorism
13.-(1) Any person or entity who, in or outside Nigeria-
(a) solicits, acquires, provides, collects, receives, possesses ot makes available funds, property or other services by any means to-
(i) terrorists, or
(ii) terrorist groups, directly or indirectly with the intention or knowledge or having reasonable grounds to believe that such funds or property will be used in full or in part in order to commit an offence under this Actor in breach of the provisions of this Act,
(b) posseses funds intending that it be used or knowing that it will be used, directly or indirectly, in whole or in part, for the purpose of committing or facilitating the commission of a terrorist act by terrorist or terrorist groups,
commits an offence under this Act and is liable on conviction to imprisonment for life imprisonment.
(2) Any person who knowingly enters into, or becomes involved in an arrangement-
(a) which facilitates the acquisition, retention or control by or on behalf of another person of terrorist fund by concealment, removal out of jurisdiction, transfer to a nominee or in any other way, or
(b) as a result of which funds or other property are to be made available for the purposes of terrorism or for the benefit of a specified entity or proscribed organization,
commits an offence under this Act and is liable on conviction for life imprisonment
(3) For an act to constitute an offence under this section, it is not necessary that the funds or property were actually used to commit any offence of terrorism.
Dealing in terrorist property
14.-(1) A person or entity who, knowingly-
(a) deals, directly or indirectly, in any terrorist funds;
(b) acquires or possesses terrorist fund,
(c) enters into, or facilitates, directly or indirectly, any transaction in respect of a terrorist funds,
(d) converts, conceals, or disguises terrorist funds or property, or
(e) provides financial or other services in respect of terrorist fund or property at the direction of a terrorist or terrorist group, commits an offence under this Act and is liable on conviction to imprisonment for a term of not less than twenty years.
(2) It is a defense for a person charged under subsection (1) of this section to prove that he did not know and had no reasonable cause to suspect or believe that the arrangement is related to a terrorist property.
Hostage taking
15.-(1) Any person who knowingly-
(a) seizes, detains or attempts to seize or detain,
(b) threatens to kill, injures or continues to detain another person in order to compel a third party to do or abstain from doing any act, or
(c) gives an explicit or implicit condition for the release of the person held hostage, commits an offence under this Act and is liable on conviction to life imprisonment.
(2) In this section, a "third party" means a state, an international governmental organisation, a natural or legal person or a group of persons.
Membership of a terrorist group or proscribed organization
16.-(1) Any person who is a member or professes to be a member of a terrorist group commits an offence and is liable on conviction to imprisonment for a term of not less than twenty years.
(2) It is a defence for a person charged with an offence under this section to prove that the entity in respect of which the charge is brought was not a terrorist group at or on the date that he-
(a) became a member of that entity;
(b) professed to be a member of that entity; or
(c) has not taken part in the activities of that entity, after it became a terrorist group.
(3) Any person who belongs or professes to belong to a proscribed organisation commits an offence under this Act and is liable on conviction to imprisonment for a term of not less than twenty years.
(4) It is a defence for a person charged under subsection (3) of this section to prove that the organisation had not been declared a proscribed organisation at the time the person charged became or began to profess to be amember of the organisation and that he has not taken part in the activities of the organisation at any time after it has been declared to be a proscribed organisation.
Conspiracy
17. Any person who conspires with another to commit an offence under this Act in Nigeria, or to commit a terrorist act in any place outside Nigeria being an act, which if done in Nigeria would have constituted an offence under this Act, shall be deemed to have conspired to do that act in Nigeria and is liable on conviction to-
(a) life imprisonment where the act of terrorism is committed; and
(b) an imprisonment for a term of not less than twenty years, where the act of conspiracy is committed.
Aiding and abetting
18. A person who knowingly, directly or indirectly:
(a) aids and abets,
(b) induces, incites, instigates, instructs,
(c) counsels or procures another person by any means whatsoever to commit an act of terrorism, commits an offence and is liable on conviction -
(a) where the act of terrorism is committed, to life imprisonment; and
(b) where the offence of terrorism is not committed, to an imprisonment for a term of not less than twenty years.
Escape or aiding and abetting escape
19. Any person who-
(a) being in lawful custody. escapes; or
(b) aids, facilitates or abets the escape of a person who is in lawful custody of any law enforcement or security agency or a person suspected to have committed an offence under any of the provisions of this Act,
commits an offence and is liable on conviction to life imprisonment.
Attempt to commit an offence under this Act
20.-(1)Any person who attempts to commit any offence under this Act is liable on conviction to life imprisonment.
(2) Where a person is charged with any of the offences under this Act and the evidence establishes an attempt to commit that offence, he may be convicted of having attempted to commit the offence and is liable on conviction to a life imprisonment.
(3) Where a person is charged with an attempt to commit an offence under this Act, but the evidence establishes the commission of the full offence, the offender is not entitled to acquittal but is convicted for the commission of the offence and is liable on conviction to lite imprisonment.
Preparation to commit terrorist acts
21. Any person who engages in any conduct in preparation to commit acts of terrorism or assisting another person to commit an act of terrorism commits an offence and is liable on conviction to life imprisonment.
Unlawful assumption of character of officer of any law enforcement for security
22. Any person who, with intent to deceive, unlawfully assumes the name,character or designation of an officer of any lawen forcernent or security agency commits an offence under this Act and is liable on conviction to imprisonment for not less than five years.
Tampering with evidence and witness
23. A person who tampers with-
(a) a witness by intimidation, threats, blackmail or similar acts ; or
(b) evidence or exhibit by falsification, conversion, destruction or forgery,
commits an offence under this Act and is liable on conviction to imprisonment for a term not less than five years.
Obstruction of any officer of a law enforcement or security agency
24.-(1) Any person who-
(a) willfully obstructs any authorized officer ora relevant enforcement or security agency in the exercise of any of the powers conferred on it by this Act, or
(b) fails to comply with any lawful enquiry or request or information, wherever located, made by any authorized officer in accordance with the provisions of this Act,
commits an offence and is liable on conviction to imprisonment for a term not less than five years.
(2) Any person who-
(a) refuses any officer the relevant law enforcement or security agency
access to any premises, or fails to submit to a search by a person authorized
to search him under this Act,
(b) assaults, or obstructs any officer of the relevant law enforcement or security agency in the execution of his duty under this Act, or
(c) fails to produce or conceals or attempts to conceal from an officer of the relevant law enforcement or security agency any book, document, information storage system or article in relation to which such officer has
reasonable grounds for suspecting or believing that an offence under this Act or any other law prohibiting terrorism has been or is being committed, or which is liable to seizure under this Act,
commits an offence and is liable on conviction to imprisonment for a term of not less than five years.
(3) Any person who-
(a) discloses to another anything which is likely to prejudice a terrorist investigation, or
(b) interferes with material which is likely to undermine a terrorist investigation, or likely to be relevant to a terrorist investigation, commits an offence under this Act and is liable on conviction to imprisonment for a term of not less than five years.
(4) It is a defence for a person charged with an offence under subsection (3) of this section to prove that he did not know and had no reasonable cause to suspect that the disclosure was likely to affect a terrorist investigation.
Offences by entity
25.-(1) Where an offence under this Act committed by an entity is proved to have been committed on the instigation or with the connivance of, or is attributable to any neglect on the part of a director, manager, secretary of the entity or any person purported to act in any such capacity, the officer is liable on conviction to life imprisonment.
(2) Where an entity is convicted or an offence under this Act, it is liable to the forfeiture of any assets, funds or property used or intended to be used in the commission of the offence and the court may issue an order to windup the entity or withdraw the practice licence of the entity and its principal officers or both.
(3) Where the court orders the entity to be wound up, its assets and properties shall be transferred to the Federation Account.
(4) Nothing contained in subsections (1) and (2) of this section shall render any person liable to punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence."