TERRORISM IN NIGERIA: THE ROLE OF LAW

SOURCE:

Faculty: Law
Department: Law

CONTRIBUTORS:

Ewulum, B. E.
Nwakoby, G. C.
Ifemeje, S. C

ABSTRACT:

Nigeria at the moment is a hot-bed of violence occasioned by insurgency. At the onset of the insurgency, there seemed to be an unwritten but acceptable verdict that it is something that could be crushed by military might within a short while. As the days turned into weeks and weeks into months and years, it gradually dawned on those responsible for the insurgency that this might not be checkmated solely by military might. To some persons, terrorism can only be solved by military might, and yet to some others, it can only be resolved through political dialogue. The role of the law seems to have been completely forgotten in the search for a lasting solution to the problem of terrorism. This work seeks to explain the meaning of terrorism and as well proffer solutions to the evil of terrorism in Nigeria, using best strategies and practice through the instrumentality of Law.Terrorism does not make for easy definition as was found out in this work. It is not only the acts of the terrorists that make it terrorism, but also the objective intended to be achieved by the act of terrorism. The objective of this study is to review existing laws on terrorism in Nigeria and to determine their adequacy in the fight against terrorism. Consequently, this work looks at the law in Nigeria and how it can be used to effectively check the evil of terrorism. The essence of our Criminal Law is to punish offenders for the very wrong done to the society and in doing so, offer justice to the victims and thus maintain societal equilibrium.The work reviews our Criminal justice system and further attempts a comparative analysis of terrorism in other jurisdictions that are facing terrorist activities. As a result of the comparison, the researcher found out that the Laws in Nigeria can check the crime of terrorism if effectively and adequately enforced. The researcher further observed that victims of terrorism just like victims of other crimes in Nigeria have no relief in law and as such there is a need to include them under the protection of the Law. There is also the issue of the flagrant and wanton violation of the rights of individuals and absolute disregard for the rule of Law under the auspices of fighting terrorism. The researcher used analytical, historical and comparative research method. The researcher also made references to relevant literature from varied sources including the Internet, articles in scholarly journals, newspaper articles, books and monographs, statutory and judicial authorities. The work recommends a more vigorous and effective enforcement of existing laws with regards to terrorism and a human - faced approach with particular reference to the rule of law and respect for human rights. The researcher recommended a review of the procedural laws in our criminal justice administration and establishment of strong justice institutions capable of discharging their functions fearlessly. The work further recommends the collation of all laws on terrorism into one to make for easy access and application. The researcher recommended aggressive enlightenment campaign and re-training of all those involved in the security business and a more unified approach to security through community engagement and international cooperation. Finally, the researcher warned against enactment of emergency legislations and security measures without adequate monitoring of such legislations.