A security and risk management expert, Kabiru Adamu, has argued that the authority to declare any group a terrorist organisation in Nigeria rests exclusively with the judiciary, warning that allowing such power to reside with the executive arm of government could undermine democracy.
Adamu, who is the Managing Director of Beacon Consulting Limited, made the assertion while speaking on Channels Television’s Politics Today programme on Monday.
His comments followed recent remarks by the Minister of Information and National Orientation, Mohammed Idris, who reaffirmed President Bola Tinubu’s position that kidnappers and bandits would henceforth be treated as terrorists.
The minister had announced the policy during the Federal Government’s end-of-year press briefing in Abuja, explaining that the move was aimed at improving intelligence sharing and strengthening coordination among security agencies in the fight against insecurity.
Adamu however, maintained that under existing Nigerian law, neither the president nor any member of the executive council has the legal authority to unilaterally label any group as terrorist.
He cited the Terrorism (Prevention and Prohibition) Act, as amended in 2022, as the legal framework governing such matters.
According to him, the law clearly defines acts that constitute terrorism and outlines the procedure for determining whether an individual or organisation qualifies as a terrorist group or is involved in the financing or support of terrorism.
He explained that this responsibility is vested in a court of competent jurisdiction, following an application brought before it by the Attorney General of the Federation.
“In Nigeria, the law is explicit on who can make that determination.
“It is the courts, not the president and not the executive arm of government.
”Even the president does not have the power to declare a group a terrorist organisation outside the judicial process, ” he said.
The security analyst further cautioned against the dangers of concentrating such authority in the hands of the executive, noting that it could easily be abused for political purposes.
He warned that, especially in a politically charged environment, such power could be used to target opponents or groups perceived as unfriendly to those in power.
“We are entering a political season, with campaigns already underway.
“If the executive were given the power to designate groups as terrorists, it could lead to politicisation and serious consequences for democratic governance, ” he said.
Adamu’s remarks add to the growing public debate over the government’s strategy for tackling banditry, kidnapping, and other forms of violent crime, as well as the legal boundaries within which such strategies must operate.
