Delta State Anti-kidnapping and Anti-terrorism Law, 2013

DELTA STATE ANTI-KIDNAPPING AND ANTI-TERRORISM LAW, 2013

1. Short Title and Commencement. This Law may be cited as the Delta State Anti-Kidnapping and Anti-Terrorism Law, 2013 and shall come into force on the 17th day of April, 2013.

2. Interpretation. In this Law, unless the context otherwise requires: "Attempt to kidnap" means where a person and or group of persons, intending to commit the offence of kidnapping begins to put his intention into execution by means adopted to its fulfillment, and manifests his intention by some overt acts, but does not fulfill his intention to such an extent as to commit the offence; "Commercial outfit" means a place where business activities are carried out; "Community Leader" means the Executive Community Members/ Trust/ Youth Executives of the Community; "Confidential communication" includes telephone calls and electronic messages; "Cultism" means a movement of people that represent a new, different and independent belief that uses violence to achieve their aims or goals; "Fluid" includes acid or any chemical or corrosive substance capable of causing bodily harm; "Government" means the Government of Delta State; "Governor" means the Governor of Delta State; "Hostage" means any person held captive by another, who is threatened to be killed or harmed by that person if one or more demands are not met; "Kidnap" means unlawfully depriving a person of his/her liberty by force or fraud, with or without a demand for ransom; "Ransom" means any fee, amount, pledge or assurance given in exchange for the release of a kidnapped person; "State" means the Delta State of Nigeria.

3. Kidnapping and Hostage taking. (1) No person shall: (a) Kidnap or detain another person; or (b) prevent another person from applying to a court for his release or from disclosing to any other person the place where he is held hostage; or (c) prevent any person entitled to have access to another from discovering the place where he is held hostage with or without demanding for ransom; (d) stimulate or connive with another to kidnap his/herself.

4. Punishment and forfeiture. (1) Any person who contravenes section (3) of this Law commits an offence and shall on conviction be liable to be sentenced to death. (2) In pursuant to subsection (1) of this section, the Governor shall have the power to determine the means and the place of execution within the State. (3) Any premises wherein a person is held against his will as a hostage shall be forfeited to the Government without the payment of compensation, if evidence reveals that, the owner of the premises is aware or is in connivance with the hostage taking, except the circumstances of the case otherwise suggest. (4) The Governor or his authorized representative shall have power to sign an order authorizing the sealing up of the premises that he reasonably finds to be used to harbour persons held against his/her will, kidnapped person or hostages held with or without the demand for ransom. (5) The sealing of the premises under subsection (4) of this section shall remain in force pending the final determination of the application for forfeiture or revocation order by a competent court.

5. Threat of hostage taking and Kidnapping. Any person who with intent to intimidate or harm, threatens to take and keep another person as surety until certain conditions are met, commits an offence and shall be liable on conviction to imprisonment for seven years. It shall not be an excuse to rely on the fact that the threat was made by the use of an electronic device, telephone or some other device with a remote possibility of bringing the threat to reality.

6. Illegal Possession of Bombs and other Explosives. Any person who unlawfully receives or has in his possession bombs and other explosives not being a member of the Armed Forces of Nigeria, Nigeria Police Force, Directorate of State Security Service and other Security Agencies authorized to be in possession of such dangerous weapons or explosives, with intent to do any harm to another is guilty of felony, and is liable to imprisonment for fourteen years without an option of fine.

7. Illegal Detonation of Bombs and other Explosives. Any person who with the intent to maim or kill or do some grievous harm to any person:- (a) causes any bomb to detonate; or (b) causes any explosive substances to explode; or (c) puts any destructive or any corrosive fluid or explosive substance in any place; or (d) casts or throws acid or any such corrosive fluid or explosive substance at or upon any person; or (e) sends or delivers any bomb or explosive substance to any person; commits an offence and shall on conviction be sentenced to death.

8. Unlawful Possession of Offensive Weapons or Substances. Any person unlawfully:- (a) in possession of materials that can be used in compounding and producing explosives of any sort; or (b) in possession of any substance suspected to be used for acid bath, for the purpose of maiming or destruction of lives and property; or (c) in possession of dangerous or offensive weapons for the purpose of destruction of lives and property; commits an offence and shall be liable upon conviction to imprisonment for fourteen years without an option of fine.

9. Prohibition of Terrorism/ Cultism. (1) No person or group of persons shall:- (a) threaten lives by use of letters, phone calls or other electronic methods or gadgets; or (b) attempt to start a fire or cause explosion with the intent of burning or destroying a building or occupied structure of another; or (c) organize a system of intimidation. (2) Any person who contravenes subsection (1) of this section commits an offence and shall on conviction, be liable to imprisonment for four years, without an option of fine.

10. Powers of Arrest and Detention. (1) If the police or other security agents suspect on reasonable grounds that a person is a kidnapper, cultist or terrorist or is sponsoring violence, shall have power to arrest and detain such a person without warrant. (2) Where any person believes on reasonable grounds, that another person is a kidnapper, cultist, he may, where possible, arrest the suspect and hand him over to the police at the earliest opportunity. The police upon receiving such a suspect shall deal with the suspect as in subsection (1) above, incident the case and commence investigation immediately.

11. Complicity of Traditional Rulers/ Community Leaders. (1) Any traditional ruler in whose domain hostages are being held with his knowledge may be deposed or suspended for such period as the Government may determine or his certificates of recognition withdrawn or both. (2) Any community in whose domain hostages are being held, the community executive leaders shall be arrested and upon conviction be sentenced to imprisonment for five years without an option of fine.

12. Refusal to take Action upon Information. Any person in authority who receives security information and fails or neglects to take appropriate action, commits an offence and is liable on conviction to imprisonment for three years without an option of fine.

13. Counseling, Aiding or Sponsoring. (1) Where an offence is committed under this Law, each of the following persons shall be deemed to have taken part in committing the offences:- (a) every person who actually commits the act or makes the omission which constitute the offence; (b) every person who does or omits to do any act for the purpose of enabling or aiding another person to commit the offence; (c) every person who counsels, procures or sponsors any other person to commit the offence; (d) any person who aids another in committing the offence; and (e) any bank staff who divulges the financial status of a customer to kidnappers or unauthorized persons to encourage the kidnap of the customer. (2) A conviction under subsection {1) of this section shall carry the same punishment in all respects as a conviction for committing the offence.

14. Attempt to kidnap. Any person or group of persons who attempts to kidnap upon conviction shall be sentenced to death.

15. Aiding to escape Terrorist/ Cultist/ Kidnappers. Any person who:- (a) permits the escape of, or (b) aids any person to be at large, or (c) assists the escape from arrest or detention of another person who has committed any offence under this Law, commits an offence and shall on conviction be liable to imprisonment for twenty-one years.

16. Jurisdiction. (1) Offences under this Law shall be heard and disposed of by any division of the High Court of the State notwithstanding the place where the offences were committed. (2) The Courts shall ensure that offenders under provision of this Law are given speedy trial. (3) Notwithstanding the provision of any Law, any person, who contravenes the provisions of this Law, shall not be entitled to bail, however the Judge shall ensure that the case is disposed of timeously.

17. Powers of the Governor. The Governor shall have powers to make regulations for the enforcement of security in the State and in particular to act as follows: (i) to demand and collect weekly reports on threats to security from traditional rulers and Local Government Councils in the State; (ii) to empower the Nigeria Police Force, Directorate of State Security Service and other Security Services to break into any premises and seize materials considered militant or terrorist in nature; (iii) to prescribe and approve new technology for the storage and dissemination of bio-data or other forensic or scientific method for use by Law Enforcement Agencies; and (iv) to set minimum security standards for hotels and other public places to be maintained including close circuit television and maintenance of security tapes or other electronics storage device.

18. Police/Law enforcement Agencies to obtain confidential information from Telecommunication companies. (1) Upon reasonable suspicion, it shall be lawful for the Police or any law enforcement agency to obtain confidential information from telecommunication companies operating within the State. (2) Where a telecommunication company fails to comply within twenty- four (24) hours of a request made pursuant to subsection (1) of this section, such company shall be liable upon conviction to a fine of twenty million naira for each request refused.