Anti-Terrorism Legislation and Human Rights: An Appraisal of the Nigerian Terrorism (Prevention) Act, 2011

Abstract

This study assessed the meaning of terrorism noting that it ordinarily amounts to a crime against human rights and an infraction on the fundamental freedoms of individuals with capacity to stigmatize, de-legitimize, and dehumanize those at whom it is directed. It notes that in Nigeria, the Terrorism (Prevention) Act, 2011 was clearly a direct response to the inclusion of Nigeria by the United States on the list of 'countries of interest' and the attendant pressure mounted by the International Community, especially the Western countries for Nigeria to stand up to be counted in the global anti-terrorism crusade. The research revealed that even though key provisions of the 2011 Act were incompatible with Nigeria's Domestic and International human rights obligations leading to its amendment by the Terrorism (Prevention) (Amendment) Act, 2013 which made some laudable improvements on the earlier legislation, the amended version is nevertheless still plagued by some significant flaws. It was further revealed that while it is commendable and indeed necessary to frontally confront terrorism in all its forms, it must be borne in mind that the cornerstone of democracy and democratic governance is unblemished respect for the rights of citizens. It was recommended inter alia that: the legislature should urgently review the amended version of the legislation to align it with global best practices regarding human rights; The legislature in Nigeria should further review the Terrorism Prevention (Amendment) Act, 2013 with a view to addressing the obvious lack of precision and clarity regarding terms, and definitions therein to enhance a smooth implementation of the law.