TERRORISM (PREVENTION AND PROHIBITION) ACT

Section 57: Application for judicial review.

2022Section 57 of 100Federal Republic of Nigeria

(1) Within 60 days of receipt of a copy of a Proscription Order or withdrawal of the certificate refusing or revoking the registration of a NPO by the Registrar-General of the Corporate Affairs Commission under section 56 of this Act, as the case may be, the applicant or the NPO may make an application, on notice, to the Court for a review.
(2) In consideration of the application under subsection (1), the Court shall—
(a) examine the security, criminal, or intelligence report at the disposal of the Registrar–General of the Corporate Affairs Commission, and any evidence or information presented by or on behalf of the Attorney-General;
(b) provide the applicant or NPO with a reasonable opportunity to be heard; and
(c) determine whether the Proscription Order or certificate is reasonable on the basis of all the information available to the Court.
(3) Where the Court determines that the Proscription Order or certificate issued is not reasonable, it shall order the vacation of the Proscription Order or the registration or relisting of the NPO, as the case may be.
(4) Where the Court determines that the Proscription Order or the certificate issued is reasonable, it shall make an order to that effect.
(5) A Proscription Order or certificate determined to be reasonable or that is not objected to within 60 days after its issuance shall be deemed for all purposes to be sufficient grounds for the—
(a) proscription of persons or entity named in the order or refusal; or
(b) revocation of the registration of the NPO referred to in the certificate.
(6) The Attorney–General shall review any order made and certificate issued under this Part every 12 months to determine whether there are still reasonable grounds for the order or certificate to continue to apply to the proscribed entity or NPO, and where it is determined that there are no such reasonable grounds, the Attorney-General shall inform the relevant agency of the decision to revoke the order or withdraw the certificate, in respect of the proscribed entity or NPO, as the case may be, unless there is proof to warrant the continued application of the order or certificate.

Cite this section

Section 57, TERRORISM (PREVENTION AND PROHIBITION) ACT (2022).

https://repo.podus.ai/laws/terrorism-prevention-and-prohibition-act/section/57/