Critical Analysis of Nigeria’s Terrorism Prevention Acts of 2011 and 2013 (Amendment) and Implications on Human Rights

Ifeoma Okoye

doi:10.7176/jlpg/109-04

Abstract

Terrorism is defined as acts of violence or threatened use of violence against a target population in an attempt to achieve political, religious or socio-economic objectives. Nigeria is presently experiencing what is considered its worst security situation since the 1967–1970 civil war due to the surge in terrorists’ activities. As a result, the Nigerian government has strategically developed measures including the Terrorism Prevention Act of 2011 and its Amendment Act of 2013 to end the scourge of terrorism. This study examines the legal frameworks for the prevention of terrorism in Nigeria vis-a-vis the principles of fundamental human rights outlined in the Nigerian Constitution and the International Human Rights Laws. It significantly highlighted the lack of balance between the provisions of security and protection of human rights as evidenced in the Acts. Some irreconcilable approaches border on charges punishable by death sentences, life imprisonment, search and arrest without court warrants, detention of terrorism suspects, deprivation of citizenship, interception of communications, proscription of organizations, and excessive powers accorded to government agencies. Some provisions of the Acts are found to be incompatible with Nigeria's constitutional provisions on human rights and international human rights obligations. Among others, this study recommends the need to address excessive punishments, undue powers of government agencies, and the lack of clarity in the definition of terrorism in both the Principal and the Amendment Acts and strive to balance the protection of human rights and the provision of security in Nigeria. Keywords: Terrorism, Human Rights, Terrorism Prevention Acts, Nigeria Constitution, International Human Rights Law DOI: 10.7176/JLPG/109-04 Publication date: May 31 st 2021

Highlights

According to Kofi Annan (2005: 1), the former Secretary-General of United Nations: "Terrorism is a direct attack on the core values the United Nation stands for; human rights and the rule of law, the protection of civilians; mutual respect between people of different faiths and cultures; and peaceful resolution of conflicts”. Makinda (2002: 366) noted that “through the use of indiscriminate violence, terrorism has maimed and killed innocent people, threatened jobs and various social activities, and dented democratic processes of resolving conflict in society”
The existing laws need to be strengthened to meet the present challenges of terrorism and counter terrorism concerning fundamental human rights
The efficacy of this war on terrorism should not be based on the substantive laws alone and on the procedural implementation of these laws and the improvement of the law enforcement agencies whose responsibility relies on the provision of security for the country

Summary

Introduction

According to Kofi Annan (2005: 1), the former Secretary-General of United Nations: "Terrorism is a direct attack on the core values the United Nation stands for; human rights and the rule of law, the protection of civilians; mutual respect between people of different faiths and cultures; and peaceful resolution of conflicts”. Makinda (2002: 366) noted that “through the use of indiscriminate violence, terrorism has maimed and killed innocent people, threatened jobs and various social activities, and dented democratic processes of resolving conflict in society”. Nigerian citizens by birth are protected by the provisions of the Act; a citizen by either registration or naturalization is liable to forfeit or be dispossessed of his citizenship if such a person has been declared a suspected international terrorist by the President

Conclusion and Recommendations

Findings

Republic of Nigeria