TERRORISM (PREVENTION AND PROHIBITION) ACT

Section 85: Requests from foreign States.

2022Section 85 of 100Federal Republic of Nigeria

(1) A foreign State may make a request to the Attorney–General for assistance in the investigation and prosecution of offences relating to terrorism.
(2) The Attorney–General shall furnish a copy of a request for assistance to the National Security Adviser and the relevant agency.
(3) Where a foreign State makes a request for assistance in the investigation or prosecution of an offence relating to terrorism or extradition where there is mutual legal assistance treaty in force, the Attorney-General may, after due consideration—
(a) execute the request; or
(b) inform the requesting State of any reason for not executing the request, or delaying the execution of the request.
(4) Where the Attorney–General decides to execute a request for assistance under subsection (1), the Attorney–General may apply to the Court for—
(a) an order for the relevant agency to —
(i) enter and search specified premises or conveyance,
(ii) search any specified person, or
(iii) remove any relevant document or material; and
(b) a seizure order, property tracing order, interception of communication order; or
(c) an order for freezing or forfeiture of property or funds in such manner, as the case may require.
(5) The Court, in making an order under subsection (4), may impose conditions as to payment of debts, sale, transfer or disposal of any property.
(6) Where a prima facie case is established on the basis of the request from a foreign State, the Attorney–General shall file a request for an order of forfeiture of all funds or properties used, being used or intended to be used for the commission of an act of terrorism or other offences under this Act, and the Court shall grant or reject the application for an order of forfeiture after hearing from all parties, including a bona fide third party.

Cite this section

Section 85, TERRORISM (PREVENTION AND PROHIBITION) ACT (2022).

https://repo.podus.ai/laws/terrorism-prevention-and-prohibition-act/section/85/