Proscription of terrorism in Nigeria: a comparative legal study

Abstract

Nigeria is bedeviled with an upsurge of terrorism. The country has adopted legislative measures in curbing the menace by enacting the Terrorism Prevention (Amendment) Act 2013.Proscription is relatively new to the Nigerian legal system; there is paucity of information on proscription in Nigeria. Proscription as contained in the Act remains controversial because it raises fundamental questions about fundamental rights and the limits of executive power. The Nigerian proscription regime do not operate in isolation, it is important to make comparisons in order to evaluate its effectiveness. In this article, it is observed that: The Nigerian regime on proscription is similar to that of Australia. Canada, the UK and the US; The enactment of antiterrorism law in these countries was catalyzed by an upsurge in terrorism; Proscription regimes often devolve wide discretions to the executive, with few effective checks and balances; In Nigeria, there is an absence of parliamentary debates as found in some countries; Outlawing groups who have divergent political ideologies or religious beliefs has serious implications for the individuals that are directly concerned and questions human rights principles. In conclusion, the proscription regime in Nigeria should seek to make a balance between security and fundamental rights of citizens.