terrorism and the financing of terrorism in Nigeria. That the
Nigerian
Terrorism Act
of 2011
was
amended
by
the
terrorism (Prevention) (Amendment) Act 2013, under which the
responsibility for the gathering of intelligence and investigation of
offences constituting acts of terrorism was vested in the Nigerian
Law Enforcement and Security Agencies.
f. That S. 40 of the Terrorism Prevention (Amendment) Act 2013
provides that law enforcement and security agencies include the
Nigerian Armed Forces.
g. That intelligence gathered by law enforcement and Security agencies
in the Country confirmed increased activities of suspected BOKO
HARAM Terrorist (BHT) in certain places within and around Apo,
Karu, Mararaba (around Abuja FCT) and Suleja areas. Intelligence
reports further confirmed that suspected BOKO HARAM members
fleeing Borno State and other parts of the North East of Nigeria had
taken refuge in uncompleted building in the capital city of Abuja
from where they engaged in menial jobs such as Hawking, Keke
Napep Riding, Selling of water, Shoe shinning and Driving of Taxis
in Abuja.
h. Based on the development above, the Army Garrison and Guards
Brigade activated various operations (one of which was the
September, 20 2013 operation) to rid the city of criminals and Boko
Haram elements. These two formations support the Department of
State Security Services (DSS) operations in Abuja from time to time
as is the case with other Nigerian Army Formations across the
Country.
i. On Friday, 20th September, members of the Nigerian Army and
Department of State Security Services (DSS) (who were hitherto the
2nd and the 3rd Defendants and whose names were struck out from
the suit at the preliminary objection stage) went to an uncompleted
building at Aderemi Adesoji Crescent, Apo Zone E on the alleged
suspicion that there were likely weapons buried in the vicinity by
members of the BOKO HARAM Terrorist Group and that some of
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