Court Urged To Void Provision Of Terrorism Prevention Act

The Federal High Court in Abuja has been urged to void the provision of Section 27 of the Terrorism Prevention Act, 2013 for allegedly conflicting with the provision of the constitution.

The request is contained in a suit marked: FHC/ABJ/CS/225/2022 and filed on Friday by an Abuja-based lawyer, Maxwell Opara and Echiefu Chidiebere (currently detained under the provision) Luke.

The suit has the Attorney-General of the Federation (AGF) as a respondent.

The plaintiffs want the court to declare that by the provisions of Section 1(1)(3), the Constitution is supreme and any other law that runs contrary or in conflict with its provision shall be voided.

They equally want the court to declare that Section 27 of the Terrorism Prevention Act, 2013 is inconsistent with the provisions of Section 36 of the 1999 Constitution, which guarantees the right of such suspect to fair hearing.

Opara and Luke are also praying the court to declare that the provision of Section 27 of the Terrorism Prevention Act 2013 that a court can detain a suspect for a period of 90 days subject to renewal, without hearing from the suspect, is inconsistent with the express provisions of Section 35(1)(4) of the 1999 Constitution as amended, which guarantees the right of such suspect to liberty.

They want an order of the court “expunging the said Section 27 of the Terrorism Prevention Act 2013 (as amended) from the said legislation.”

In the affidavit in support of the motion deposed to by Opara, he said, as a lawyer, he has conducted cases for clients where they were detained following the provisions of Section 27 of the Terrorism Prevention Act 2013 as amended.

He added: “I have had to confront cases where there was interplay of the devastating effect of Section 27 of the Terrorism Prevention Act 2013 vis-a-vis the provisions of Sections 36 and 35 of the Constitution as amended was in issue.

“I had a meeting with Uloma Chidi Echefu, wife of the 2nd plaintiff (Luke), on the 15th day of February, 2022, at our law office at about 4pm and during the said meeting, she informed me about the 2nd plaintiff who is currently being detained by the State Security Services (SSS) pursuant to Section 27 of the Terrorism Prevention Act.”

Opara, who described Luke as “a lawful Nigerian citizen,” said he is currently detained at the SSS without fair hearing since November. 7, 2021.