Terrorism: Ex-Edo AG, others back full sentences for convicts

A former Attorney General of Edo State, Dr Samson Osagie, on Sunday underscored the need for persons convicted under the Terrorism (Prevention and Prohibition) Act to serve their full sentences to deter others.

Osagie told the News Agency of Nigeria that the Terrorism (Prevention and Prohibition) Act, 2022, was enacted to provide a legal framework for the detection, prevention, prosecution and punishment of acts of terrorism in Nigeria.

According to him, given the devastating impact of terrorist activities in the country, there have been public concerns about the possibility of convicted terrorists being granted amnesty through executive orders.

The former attorney general said there was a need to amend the Act to ensure that convicted terrorists do not benefit from such clemency.

“Given the devastating impact of terrorism-related activities across the country, public concerns about the fate of those arrested, prosecuted and convicted in connection with terrorism and terrorism financing activities have heightened.

“It has become pertinent to recommend that the Terrorism (Prevention and Prohibition) Act, 2022, be further amended to exclude persons convicted of terrorism or terrorism-related offences from benefiting from presidential clemency or any legal mechanism that may enure in their favour during the pendency of their jail term,” he said.

According to him, there is also a need to amend Section 175 of the Constitution on the prerogative of mercy to exclude persons convicted of terrorism or terrorism-related offences.

“The justification for this recommendation stems from the need to tighten the noose around perpetrators of terrorism against the nation and its citizens.

“The National Assembly should therefore waste no time carrying out this legislative endeavour in the urgent task of fighting terrorism and stamping it out of our body politic,” he said.

Also speaking, a former Chairman of the Nigerian Bar Association Young Lawyers Forum, Mr Uwomano Aki, described terrorism as a direct attack on the sovereignty, security and collective existence of the nation that should be tackled firmly.

“Terrorism is not an ordinary criminal offence; it is a direct attack on the sovereignty, security, and collective existence of the nation.

“Where a competent court, after a full and fair trial, has found an accused person guilty beyond reasonable doubt and determined that the individual poses a threat to national security, the suggestion that such a person should later benefit from executive clemency is, in most cases, difficult to justify,” he said.

He urged that although the Constitution empowers the executive to exercise the prerogative of mercy, such power should be invoked with utmost restraint in terrorism cases.

Similarly, a member of the Nigerian Bar Association, Mrs Adaobi Fortune, said any consideration of amnesty for convicted terrorists must be guided by the overriding national interest and not sentiment.

According to her, even where executive pardon becomes inevitable due to international conventions, it must be approached with caution.

“In all, the sovereignty of Nigeria and interests of its citizens should override every other consideration,” she said.

Also speaking, the President of the African Women Lawyers Association, Mrs Amanda Demechi-Asagba, said the law contains strong safeguards against the release of terrorists sentenced to life imprisonment.

According to her, many Nigerians have questioned why such convicts were not sentenced to death, expressing fears that they could regain their freedom someday.

She explained that under the Terrorism (Prevention and Prohibition) Act, 2022, life imprisonment means an offender is expected to remain in prison for the rest of his or her life unless the sentence is overturned on appeal or altered through the constitutional power of pardon.

“The law makes it possible for a life sentence to be changed, but in reality it is highly unlikely. There are legal procedures and checks that make the release of convicted terrorists very difficult,” she said.

According to her, the Nigerian Correctional Service Act also places strict limits on sentence remission for terrorism-related offences, making it difficult for such convicts to enjoy the sentence reductions available to other inmates.

She therefore called for stronger laws to further reassure Nigerians, recommending an amendment to the Act requiring terrorism convicts to spend at least 30 years in prison before they can be considered for clemency.