Home / Law / An appraisal of the legal framework for combating terrorism in nigeria

An appraisal of the legal framework for combating terrorism in nigeria

 

Table Of Contents


Project Abstract

Terrorism has been a scourge both to the government and the people of Nigeria. The human and material loss recorded in recent past is enormous and has been a source of worry to all. The sources of information relied here are relevant text materials, statutes (including international instruments), judicial authorities, articles in journal publications and internet materials. The problem of this research work, therefore, is how to bring terrorism to an end in Nigeria.In view of this, the objectives of this research work, adopting a doctrinal research methodology, is therefore, to examine the legal framework for combating terrorism in Nigeria, to examine the causes of terrorism in Nigeria and to proffer solutions to the menace of terrorism in Nigeria. The major finding of this work is the conflicting role of the National Security Adviser and the Attorney General of the Federation. The 2013 Act stated that the office of the National Security Adviser shall be the coordinating body for all security and enforcement agencies under this Act while it further stated that the AG of the Federation shall be the authority for the effective implementation and administration of this Act. The role of the NSA and AGF under this Act is overlapping and is capable of frustrating the workings of this Act especially where the occupants of these offices want to show the superiority of the offices they occupy. This is a potent danger in the administration of the Act and if not looked into may derail the fight against terrorism.One of the recommendations of this research work, therefore, is the amendment of Section 1A (1) and (2) of Terrorism (Prevention) Act, 2013 which is on the powers of the National Security Adviser and that of Attorney General of the Federation to clearly delineate their roles and functions in order to strengthen the fight against terrorism.

Project Overview

INTRODUCTION

1.1. Background to the Study On Tuesday 11 September, 2001, four commercial planes were hijacked by terrorists. One hijacked passenger Jet leaving Boston, Massachusetts crashed into the north tower of the World Trade Centre at 8:45am setting the tower on fire. Eighteen minutes later, a second hijacked airline, United Airlines Flight 173 from Boston, crashed into the south tower of the World Trade Centre and exploded: Both airlines caused massive structural damage to the towers. Later that morning both the north and south towers collapsed, plummeting into the streets below. At 9:43am, a third hijacked airliner (American Airlines Flight 93) crashed in Somerset county, Pennsylvania, south east of Pittsburgh1.The crashing of these hijacked airliners into buildings and on land was the worst terrorists attack in the history of the United States. This led to the loss of nearly 3000 innocent lives and damaged property running into billions of dollars. The terrorist attacks not only served as a chilling reminder of the dangers inherent in international terrorism but also sent shock waves all around the world. The attacks were unequivocally condemned by States and by international organizations. On 12 September 2001, the United Nations General Assembly passed a resolution condemning the heinous acts which had resulted in loss of lives and collateral destruction2. While showing solidarity with the people of the United States, the United Nations called for international cooperation to bring to justice the perpetrators, organizers and sponsors of the crimes committed on 11 September 2001. OnSeptember 12, 2001, the United Nations Security Council also condemned the terrorist acts expressing them as a threat to international peace and security. The Council called upon all States to work together urgently to bring to justice the perpetrators of the crime, organizers and sponsors of the terrorist attacks.Further, Resolution 1373 was adopted on 28 September 2001. Under the Resolution, the Security Council required States to adopt and implement the existing international legal instruments on terrorism, and to prevent and suppress the financing and the freezing of funds and financial matters.


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