“President Lacks Power to Declare Terrorists”—Security Expert Kabiru Adamu

In a direct response to the Federal Government’s recent classification of kidnappers and bandits as terrorists, security expert Kabiru Adamu has clarified that neither the President nor any member of the executive arm possesses the legal authority to make such a designation.

Adamu, the Managing Director of Beacon Consulting Limited, made these remarks on Monday during an interview on Channels Television’s Politics Today.

According to Adamu, the designation of individuals or groups as terrorists is strictly governed by the Terrorism (Prevention and Prohibition) Act 2022.

He emphasized that the process is a judicial one, not an executive decree.

* The Petitioner: The responsibility for initiating the process lies solely with the Attorney-General of the Federation (AGF).

* The Authority: The power to officially declare a group as a “proscribed” or “terrorist” organization resides only with a competent court of jurisdiction.

* The Evidence: The court must be presented with evidence that a group’s activities meet the specific legal definitions of terrorism outlined in the 2022 Act.

“The law that determines who a terrorist is in Nigeria is the Terrorism (Prohibition and Prevention) Act, as amended in 2022… and that law puts the responsibility for that determination in a competent court of jurisdiction,”Kabiru insisted.

While the executive’s “zero tolerance” stance signals a shift in political and military strategy, Adamu’s intervention highlights the importance of due process and the rule of law.

Without a formal court order (proscription), the specific legal and financial sanctions associated with being a “designated terrorist” under international and domestic law such as freezing assets or prosecuting enablers may face legal challenges.

This distinction, he clarified was critical for:

* Ensuring Convictions: Maintaining the integrity of prosecutions in court.

* International Cooperation: Aligning with global standards for counter-terrorism financing.

* Human Rights Safeguards: Preventing potential executive overreach or abuse of the “terrorist” label.

Current Context

This debate follows the Tinubu administration’s announcement that kidnappers, mass abductors, and their enablers will now be treated as terrorists following the presentation of the 2026 Budget.

While the administration’s intent is to increase the severity of the response, Adamu’s expert opinion serves as a reminder that the judicial path must be followed to make such labels legally binding.