Combating Terrorism in Nigeria: A Critical Analysis of the Legal Framework

ABSTRACT Terrorism has been a threat to both the people and of government of Nigeria. The loss of human and material resources is so monumental and set back to the country. The objective ofthis research is to critically evaluate the legalframework put in place to counter terrorism in Nigeria. The methodology adopted for this research is doctrinal, this enable the researcher examine the mechanism put in place to tackle terrorism andfind a means offihling the gap identified The mq/or findings of this research includes terrorism prevention Act 2Olland Terrorism Prevention (Amendment~ Act 20]3,s 27 of the Act states that a suspect may be detainedfor 90 days subject to renewal ,while s 28 deals with access to detain person pending the conclusion of investigation while s29 relates to the privacy ofthe citizens. These provisions run counter to the spirit ofthe constitution offederal republic ofNigeria 1999 (as amended,). It is in the light of the forgoing that this recommendation is made amendment ofthe above mentioned provisions to conform with constitution as it relates to Func.laiiic,i/al human Rights

TABLE OF CONTENTS

DECLARATION

APPROVAL

DEDICATION

ACKNOWLEDGEMENT iv

TABLE OFCASES v

TABLE OF STATUTES vi

LIST OF ABBREVIATIONS

ABSTRACT

CHAPTER ONE 1

1.1 Background to the study 1

1.2 Statement of the Problem 4

1.3.1 General Objectives 6

1.3.2 Specific Objectives 6

1.4 Research Questions 6

1.5 Significance of the Study 6

1.6 Scope of the Research 7

1.6.2 Content Scope 7

1.6.3 Time Scope 7

1.7 Research Methodology 8

1.8 Literature Review 8

1.9 Organizational Layout 13

CHAPTER TWO 14

x

CONCEPTUAL CLARIFICATIONS OF KEY TERMS 14

2.1 Introduction 14

2.2 Concept of Terrorism 14

2.3 Concepts of Terrorist Financing 23

2.4 Concept of Money Laundering 25

2.5 Stages of Money Laundering 27

2.6 Terrorist Financing Through Money Laundering 28

2,7 Sources of Terrorist Funding in Nigeria 30

2.8Concept of Crime under Municipal/Domestic Law and International Law 33

2.8.1 Adoption and Incorporation of International Instruments in to Municipal/National Laws

Countries 39

CHAPTER THREE 41

AN OVER VIEW OF THE INTERNATIONAL AND DOMESTIC LEGAL MECHANISMS

FOR COMBATING TERRORISM IN NIGERIA 41

3.1 Introduction 41

3.1 International Legal Regime against Terrorism 42

3.2 The African Union effort in Combating Terrorism 44

3.3 Economic Community of West Africa States Regional efforts in Combating Terrorism- 45

3.5 Terrorism (Prevention) Act, 2011 50

3.7 Regulatory Regime Predating the EFCC & TPA (amendments)Acts 2013 62

3.8 National Security Organization 64

General Duties of National Security Agencies 65

3.9 Enforcement Mechanisms of the Laws on Terrorism; 66

3.10 A Critical Analysis of the Domestic Legal Regime in the Fight against Terrorism in Nigeria.

67

3.10.3 Terrorism Prevention (amendment) Act 2013 70

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GENERAL OVERVIEW OFCAUSES OF TERRORISM, CONSTRAINTS AND IMPACT

FACED IN COMBATTING TERRORISMIN NIGERIA 73

4.1 Introductions 73

4.2 Causes of Terrorism in Nigeria 73

4.4 Constraint in Combating Terrorism in Nigeria 85

4.4.1 The Courts! Judiciary 85

4.4.2 Lack of Basic Tools of Research, Intelligence and Investigation 86

4.4.3 Poor Enforcement of the Terrorism Laws 87

4.4.4 Poor or Inadequate Funding of the Security Agencies by the Government 87

4.4.5 Lack of Good Governance 88

4.4.6. Corruption 88

4.4.7. Porous Borders 88

CHAPTER FIVE 90

5.1 Summary of Findings 90

5.2 Conclusion 92

5.3 Recommendations 92

BIBLIOGRAPHY 95