Delta State Anti-terrorism and Anti-cultism Law, 2016

DELTA STATE ANTI-TERRORISM AND ANTI-CULTISM LAW, 2016

1. Short Title and Commencement. This Law may be cited as the Delta State Anti-Terrorism and Anti-Cultism Law, 2016 and shall come into force on the 30th day of June, 2016.

2. Interpretation. In this Law, unless the context otherwise requires: "Confidential communication" includes telephone calls and electronic message; "Cultism" means a movement of people that represent a new, different and independent belief that uses violence to achieve that aim or goal; "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; "State" means Delta State of Nigeria; "Terrorism" means the deliberate commission of an act of violence to create an emotional response through the suffering of the victims in the furtherance of a political or social agenda. It also means violence against civilians to achieve military or political objectives.

3. Illegal possession of Bombs and 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, Department 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 and shall on conviction be sentenced to life imprisonment without option of fine.

4. 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) put 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 in any form; commits an offence and shall on conviction be sentenced to life imprisonment.

5. Unlawful Possession of Offensive Weapons or Substances. Any person who is unlawfully: (a) in possession of materials that can be used in compounding and producing explosive 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.

6. 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 buildings 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 fourteen years without an option of fine.

7. Police/Law Enforcement agencies to obtain information from Telecommunication company. (1) Upon reasonable suspicion, it shall be lawful for the Police or law enforcement agencies to obtain confidential information from telecommunication companies operating within the State. (2) Where a telecommunication company fails to comply within forty-eight (48) hours of a request made pursuant to subsection (1) of this section, such company upon an order of the court shall be liable upon conviction to a fine of twenty million naira for each request refused.

8. - (1) Where an offence is committed under this Law, each of the following persons shall be deemed to have taken part in committing the offence: (a) every person who actually commits the act or makes the omission which constitute the offence; (b) every person who does 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; and (d) any person who aids another in committing the offence. (2) A conviction under sub-section (1) of this section shall carry the same punishment in all respects as a conviction for committing the offence.

9. Aiding to escape Terrorist/Cultist. 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 ten years.

10. Jurisdiction. (1) An offence committed under this Law shall be tried in the High Court of the State and can be tried anywhere notwithstanding the place where the offence is committed. (2) The Court shall ensure that persons charged under this Law are given accelerated trial.

11. 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 receive monthly reports on threats to security from traditional rulers and Local Government Councils in the State; (ii) to empower the Nigeria Police Force, Department of State Security Service and other Security Services to break into any premises and seize materials considered violent 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 devices.

12. Repeal. The Delta State Anti-Kidnapping and Anti-Terrorism Law, 2013 is hereby repealed.