CRIMINAL LAW AND PROCEDURE – OFFENCE OF TERRORISM – What constitutes giving support to acts of terrorism under Section 5(2) of the Terrorism (Prevention) Act, 2011 (as amended)


“I agreed with learned counsel for the respondent that there was an abundance of facts showing that the appellant was giving support to acts of terrorism contrary to Section 5 of the Terrorism Prevention Act (as amended) on which the appellant was charged. For emphasis, I shall quote the said Section 5 thus:- “Any person knowingly, in any manner, directly or indirectly, solicits or renders support – (a) for the commission of an act of terrorism or (b) to a terrorist group, commits an offence under this Act and is liable on conviction to imprisonment for a term of not less than twenty years.” The definition of “Support” under the above mentioned Section of the Act is defined to include dissemination of terrorist information by any means inclusive of electronic or internet means (as done by the Appellant via email communication and code languages), training and identification to terrorists or terrorist groups, provision of information or moral assistance inclusive of invitation to adhere to a terrorist or terrorist group, entering and remaining in a country (Iran and UAE (Dubai) in this case) for the benefit of, or at the direction of or in association with a terrorist group (Iranian Revolutionary Guard Corps in this case).” Per PETER-ODILI, in BERENDE v. FRN (2021-LCER-40453-SC) (Pp 54 – 55 Paras A – A)

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