TERRORISM (PREVENTION AND PROHIBITION) ACT

Section 76: Jurisdiction to try offences under this Act.

2022Section 76 of 100Federal Republic of Nigeria

(1) The Federal High Court (in this Part referred to as “the Court”) has jurisdiction to try offences under this Act or any other related enactment and to hear and determine proceedings arising under this Act whether or not the offence was commenced in Nigeria and completed outside Nigeria, and the victim or the alleged offender is —
(a) in Nigeria;
(b) on a ship or aircraft registered in Nigeria;
(c) dealing with or on behalf of the Government of Nigeria, or a citizen of Nigeria or an entity registered in Nigeria; or
(d) outside Nigeria—
(i) where the victim of the offence is a citizen or resident of Nigeria,
(ii) where the alleged offender is in Nigeria and not extradited to any other country for prosecution, or
(iii) by a Nigerian, if the person’s conduct would also constitute an offence under a law of the country where the offence was committed.
(2) The Court has jurisdiction to impose any penalty provided for an offence under this Act or any other related law.
(3) In any trial for an offence under this Act, the Court may, notwithstanding anything to the contrary in any other enactment, adopt all legal measures necessary to avoid unnecessary delays and abuse in the conduct of matters.
(4) Subject to the provisions of the Constitution of the Federal Republic of Nigeria, 1999, an application for stay of proceedings or for an interlocutory injunction in respect of any matter brought under this Act shall not be entertained by the Court but shall be stayed until judgment in the matter is delivered by the Court.
Cap. C23 LFN, 2004.
(5) Whenever a person is convicted of an offence under this Act, the Court in passing sentence shall, in addition to any punishment which it may impose in respect of the offence, order the forfeiture, to the Federal Government of Nigeria, of any—
(a) terrorist fund with any accrued or accruing interest thereon,
(b) terrorist property,
(c) article, substance, device or material by means of which an offence was committed, or
(d) conveyance used in the commission of an offence, which is reasonably believed to have been used in the commission of the offence or for the purpose of or in connection with the commission of the offence, and which may have been seized under this Act or is in the possession or custody or under the control of the convicted person.
(6) In any trial for an offence under this Act, the fact that an accused person is in possession of terrorist property, devices, instruments or deadly weapons or nuclear or biological weapons for which he cannot satisfactorily account for, may be proof and taken into consideration by the Court, as corroborating the testimony of any witness in the trial.

Cite this section

Section 76, TERRORISM (PREVENTION AND PROHIBITION) ACT (2022).

https://repo.podus.ai/laws/terrorism-prevention-and-prohibition-act/section/76/