A security and policy analyst, Kabiru Adamu, has clarified that under Nigerian law, the authority to designate any group as a terrorist organization rests exclusively with the courts, not with the President or members of the executive arm of government.
Adamu made this point while reacting to recent comments by the Minister of Information and National Orientation, Mohammed Idris, who reiterated President Bola Tinubu’s position that kidnappers and bandits would henceforth be treated as terrorists. According to the Minister, the policy is intended to improve intelligence sharing and strengthen operational coordination among security agencies.
Speaking on Politics Today on Channels Television, Adamu emphasized that the relevant legal framework is the Terrorism (Prevention and Prohibition) Act, as amended in 2022. The Act defines what constitutes terrorism and establishes the procedure for determining whether a group qualifies as a terrorist organization or is involved in the financing or support of terrorism. The Act vests the power to make such a designation in a court of competent jurisdiction and assigns the responsibility for initiating the process to the Attorney General of the Federation, who must apply to the court for a formal declaration.
As a result, neither the President nor any other member of the executive branch can unilaterally designate a group as a terrorist organization outside this judicial process. Any such declaration must follow due process and receive judicial validation to have legal effect.
Adamu also warned that transferring the power to designate terrorist groups to the executive arm of government would carry serious risks for Nigeria’s democratic order. In his view, such authority could easily be politicized, particularly during periods of heightened political activity. If the executive were permitted to label groups as terrorist organizations without judicial oversight, the power could be misused against political opponents, civil society actors, or dissenting groups, thereby undermining constitutional safeguards and the rule of law.
While the government may legitimately pursue stronger measures against kidnapping and banditry, the formal designation of any group as a terrorist organization must comply strictly with the law. Nigerian legislation clearly places this responsibility in the hands of the judiciary, reinforcing the separation of powers and protecting democratic institutions from potential abuse.
