TERRORISM (PREVENTION AND PROHIBITION) ACT

Section 68: Interception of communications order.

2022Section 68 of 100Federal Republic of Nigeria

(1) Without prejudice to any other law, a relevant agency may, with the approval of the National Security Adviser, and for the purpose of the—
(a) prevention of acts of terrorism or the commission of any other offence under this Act,
(b) enhancement of the detection of offences related to the preparation of an act of terrorism, or
(c) prosecution of offenders under this Act, apply ex-parte to the Court for an “interception of communication order”.
(2) The Court to which an application is made under subsection (1) may make an order —
(a) requiring 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 communication service provider, including the call record data or metadata;
(b) authorise a relevant agency to enter any premises and to install in such premises, any device for the interception and retention of a communication or communications of specified description, and to remove and retain such a device for the purpose of intelligence gathering; or
(c) authorise a relevant agency to execute covert operation in relation to an identified or suspected terrorist group, entity or person for the purpose of gathering intelligence.
(3) An order made under subsection (1) shall specify the period for which a communication service provider may be required to retain communications data to which the order relates.
(4) Any information contained in a communication—
(a) intercepted and retained pursuant to an order under subsection (2), or
(b) intercepted and retained in a foreign State in accordance with the law of that foreign State and certified by a court of that foreign State to have been so intercepted and retained,
is admissible in proceedings 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 the transmission or reception of communications and other telecommunications services;
“data” means information generated, sent, received or stored that can be retrieved by electronic, magnetic, optical or any similar means; and “metadata” means data that provides information about other data.

Cite this section

Section 68, TERRORISM (PREVENTION AND PROHIBITION) ACT (2022).

https://repo.podus.ai/laws/terrorism-prevention-and-prohibition-act/section/68/