MADE by the National Parliament to come into operation in accordance with a notice in the National Gazette by the Head of State, acting with, and in accordance with, the advice of the Minister.
PART I.—PRELIMINARY. 1 Compliance with Constitutional requirements.
This Act, to the extent that it regulates or restricts a right or freedom referred to in Subdivision III.3.C of the Constitution, namely—
(a) freedom from arbitrary search and entry conferred by Section 44 of the Constitution; and
(b) freedom of conscience, thought and religion conferred by Section 45 of the Constitution; and
(c) freedom of expression conferred by Section 46 of the Constitution; and
(d) freedom of assembly and association conferred by Section 47 of the Constitution; and
(e) freedom of employment conferred by Section 48 of the Constitution; and
(f) right to privacy conferred by Section 49 of the Constitution; and
(g) right to freedom of information conferred by Section 51 of the Constitution; and
(h) right to freedom of movement conferred by Section 52 of the Constitution,
is a law that is made for the purpose of giving effect to the public interest in public safety and public order and public welfare.
In this Act, unless the contrary intention appears—
(a) a firearm within the meaning of the Firearms Act (Chapter 310) and ammunition for such firearm; and
(b) a bomb within the meaning of the Firearms Act (Chapter 310); and
(c) a machine gun within the meaning of the Firearms Act (Chapter 310) and ammunition for such machine gun; and
(d) an offensive weapon within the meaning of Summary Offences Act (Chapter 264); and
(e) an explosive within the meaning of the Explosives Act (Adopted) (Chapter 309);
"conveyance" means a vehicle, vessel, aircraft or any other conveyance capable of being used to convey persons;
"examination officer" means an examination officer appointed under Section 22;
"exclusion order" means an exclusion order made under Section 8;
"exemption permit" means an exemption permit issued under Section 18;
"organization" means any two or more persons or any association, party, group, club or grouping of persons, by whatever name known, whether or not incorporated or registered under any law;
"premises" includes any place and in particular includes—
(a) any vehicle, vessel or aircraft; and
(b) any tent or movable structure;
"prohibited area" means an area declared to be a prohibited area under Section 15;
"property" includes property wherever situated and whether real or personal, heritable or movable and things in action and other intangible or incorporeal property;
"proscribed organization" mean an organization declared to be a proscribed organization under Section 4;
"public place" includes—
(a) a place to which free access is permitted to members of the public with the express or implied consent of the owner or occupier of the place; and
(b) a place to which members of the public are admitted on payment of money while members of the public are present or are permitted to have access to the place; and
(c) a road, street, bridge, footway, footpath, court, alley, passage or thoroughfare to which members of the public are allowed, notwithstanding that the same may be, or be formed on, private property; and
(d) an aerodrome, whether enclosed or otherwise; and
(e) a conveyance carrying fare paying passengers; and
(f) any school building or land or premises used in connection with any school;
"restricted area" means an area declared to be a restricted area under Section 20;
"terrorism" means the use of violence for political ends or any use of violence for the purpose of putting the public or any section of the public in fear.
PART II.—PREVENTION OF TERRORISM. 3 Prevention of terrorism.
(a) manufactures, imports, stockpiles, buys, sells, leases, gives or uses arms or equipment for the purposes of; or
(b) practises, encourages, supports or advocates; or
(c) is knowingly concerned in the arrangements for securing the entry into the country, or into any part of the country, of a person whom he knows or has reasonable grounds for believing is likely to engage in; or
(d) knowingly harbours a person whom he knows or has reasonable grounds for believing is or has been engaged in,
terrorism, is guilty of an offence.
Penalty: A fine not exceeding K100,000.00 or imprisonment for a term not exceeding 14 years, or both.
PART III.—PROSCRIBED ORGANIZATIONS. 4 Declaration of proscribed organization.
(1) Where the Head of State, acting on advice, is of the opinion that an organization—
(a) is engaged in, or is likely or about to be engaged in; or
(b) is promoting or encouraging, or is likely or about to promote or encourage,
terrorism, the Head of State, acting on advice, may declare the organization to be a proscribed organization.
(2) A declaration under Subsection (1) shall be—
(a) published in the National Gazette; and
(b) published in a newspaper circulating throughout the country; and
(c) broadcast on the National Broadcasting Commission broadcast service; and
(d) further publicized by notices posted in prominent places in the country in general and in any part of the country in which the proscribed organization is known to exist.
(3) A declaration under Subsection (1) shall not take effect until the expiry of a period of seven days after the first occasion of publication in each manner under Subsection (2).
(4) As soon as practicable after the making of a declaration under Subsection (1), the Prime Minister shall send to the Speaker for tabling in the Parliament at its next sitting, a copy of the declaration and a statement of the reasons for it and the declaration is subject to revocation by decision of the Parliament.
5 Appeal against declaration of proscribed organization.
(1) A person aggrieved by a declaration of a proscribed organization under Section 4 may, within 28 days of the declaration, forward a written notice of appeal against the decision, stating the reasons for the appeal, to the Minister.
(2) The Minister shall forthwith submit the appeal to the National Executive Council, and the Head of State, acting on advice, shall—
(a) consider and determine the appeal; and
(b) in accordance with the determination, confirm or revoke the declaration.
(3) The Minister shall advise the appellant of the result of the determination of the appeal.
(4) Where a declaration of a proscribed organization is revoked under Subsection (2)(b), all charges and convictions arising out of offences relating to that declaration (other than offences relating to contempt of court) shall be null and void.
6 Membership, support and meetings of proscribed organization.
(1) Subject to Subsection (2), a person who—
(a) belongs or professes to belong to a proscribed organization; or
(b) aids, assists or supports (whether financially or otherwise) a proscribed organization; or
(c) solicits or invites aid, assistance or support (whether financial or otherwise) for a proscribed organization; or
(d) arranges or assists in the arrangement or management of, or addresses, any meeting of three or more persons (whether or not it is a meeting to which the public are admitted) knowing that the meeting is—
(i) to support; or
(ii) to further the activities of; or
(iii) to be addressed by a person belonging to or professing to belong to,
a proscribed organization,
is guilty of an offence.
Penalty: On summary conviction, a fine not exceeding K10,000.00 or imprisonment for a term not exceeding seven years, or both.
(2) It is a defence to a charge of an offence under Subsection (1)(a) if the.