A legal memorandum submitted to an appeal unit has raised fresh arguments over the interpretation of key provisions in Nigeria’s Terrorism (Prevention and Prohibition) Act 2022 (TPPA), claiming that some ongoing terrorism cases may have been concluded under repealed legislation.
The document, dated February 5, 2026, and prepared by a legal research and strategy desk for a defence team, focuses on Sections 97 and 98(3) of the TPPA 2022. According to the memorandum, the law’s mandatory language requires all pending terrorism proceedings to continue and be completed under the 2022 Act, rather than the repealed Terrorism (Prevention) (Amendment) Act 2013 (TPAA).
Key Legal Arguments
The memorandum argues that Section 97 of the TPPA uses the word “shall,” which Nigerian courts have traditionally interpreted as mandatory. On that basis, it claims that all existing terrorism cases must be migrated to the current legal framework established in 2022.
In contrast, Section 98(3), which uses the word “may,” is described in the document as a permissive clause intended only to validate prior procedural steps rather than determine the legal regime for trial or sentencing.
The legal team also cited several Supreme Court decisions and constitutional provisions to support the claim that, where conflicts arise in penal statutes, courts must adopt the interpretation most favourable to the accused. The memorandum further argues that convictions or sentencing under a repealed law could violate Section 36(12) of the Nigerian Constitution.
Case Background
According to the document, the appellant was initially charged in 2021 under the 2013 terrorism law before it was repealed in May 2022. The trial reportedly restarted in March 2025 before a new judge, and the defendant was later convicted and sentenced in November 2025 under the earlier legislative framework.
The defence memorandum maintains that the proceedings should have been fully conducted under the TPPA 2022, arguing that any reliance on the repealed law constitutes a jurisdictional defect capable of nullifying the conviction.
Legal Implications
Legal observers note that disputes over transitional provisions in criminal legislation are not uncommon, particularly when new laws replace earlier statutes. If accepted by appellate courts, the arguments raised in the memorandum could have broader implications for how pending terrorism cases are managed under evolving legal frameworks.
As of the time of filing this report, prosecutors and relevant judicial authorities have not publicly responded to the specific claims outlined in the memorandum. The outcome of any appeal based on these arguments will ultimately depend on judicial interpretation of the TPPA 2022 and applicable constitutional principles.