The Monster that Has Become Our Neighbour: Applying the Rule of Law in the Fight Against Terrorism in Nigeria

Abstract

Nigeria seems to be at a cross road of some sort, the cross road of insecurity. The position challenges the enterprise called the Nigerian Nation. Security issues hit at the core of the very existence of any nation. In addressing the security situation in Nigeria, an attempt at a comprehensive approach will be undertaken. One of the primary obligations of the state is undoubtedly that of securing human rights and providing the conditions for their effective enjoyment. The level of insecurity has prompted the use of emergency powers in some parts of the country. A discuss in that line will be captured, particularly in the context of the rule of law and the desired expectations therefrom. This is because generally, counter-terrorism measures are usually justified by reference the consideration of national security. The level of anxiety in Nigeria with respect to the issue of security has elicited calls for military intervention i.e., through coup d’etat. These calls and insinuations emanating therefrom have raised the stakes very high. This discuss will address the legal status of unlawful indeed, illegal change of government in contemporary international law, moreso, in the context of the Africa Charter on Democracy, Election and Governance. The paper will take certain positions in its concluding part designed to address these problems from a legal perspective, in the context of the rule of law.