Adamu: Tinubu Lacks Authority to Label Bandits, Kidnappers as Terrorists

Kabiru Adamu, a security specialist, has criticized the Federal Government’s decision to label kidnappers and bandits as terrorists, arguing that only the courts have the constitutional authority to do so.

According to Adamu, under Nigerian law, neither the President nor members of the Federal Executive Council have the power to unilaterally designate any group as a terrorist organization.

According to reports, his remarks came after Mohammed Idris, the Minister of Information and National Orientation, reaffirmed President Bola Tinubu’s announcement on Monday that kidnappers and bandits would now be considered terrorists.

During the Federal Government’s end-of-year press conference in Abuja, the minister made the statement and clarified that the goal of the program was to improve operational coordination and intelligence sharing among security agencies.

Idris claims that the new position will allow security services to take more aggressive action against kidnapping and banditry nationwide.

However, Adamu, Managing Director of Beacon Consulting Ltd., stated on Monday’s Politics Today on Channels Television that the statement could not be upheld unless it adhered to the proper legal procedure.

He clarified that the Terrorism (Prevention and Prohibition) Act, which was modified in 2022, provides precise guidelines for identifying and classifying terrorist groups in Nigeria.

The Terrorism (Prohibition and Prevention) Act, as revised in 2022, is the statute that defines a terrorist in Nigeria. It outlines the definition of terrorism and offers methods for identifying what or who is a terrorist organization or who is funding and encouraging terrorism, he said.

Adamu emphasized that the Act does not give the executive branch of government such authority.

“That law places the duty of petitioning for these determinations on the Attorney General of the Federation and assigns responsibility for such determinations to a competent court of jurisdiction,” he continued.

Even the President lacks the power to declare a group to be a terrorist organization, the security expert emphasized.

Therefore, neither the president nor any member of the executive branch have the authority to declare a group to be a terrorist organization. The judiciary, via an appropriate court of jurisdiction, holds that power, according to Adamu.

He reaffirmed that the law was purposefully written in this manner to safeguard democratic values and stop the misuse of authority.

“Neither the president nor any other member of the government has the authority to decide whether or not a group is terrorist. The proper court of jurisdiction has such authority, he insisted.

Adamu also cautioned that giving the administration such authority could lead to politicization, which would have serious repercussions for Nigeria’s democracy.

He claimed that it would result in politicization. “Anyone in the executive branch could, for example, suddenly declare any group to be a terrorist organization, and the risk is in the repercussions that would ensue.”

He also connected his worries to the nation’s current political situation.

“The campaigns have already started; we are in a political season. Thus, I think it would be detrimental to our democracy if the administration had such authority,” Adamu said.

While stepping up efforts to combat insecurity by legal and constitutionally supported means, the expert advised the administration to rigorously adhere to the law’s requirements.