INVESTIGATION AND PROSECUTION OF TERRORISM: THE HUMAN RIGHTS DIMENSION OF PRE-CHARGE DETENTION UNDER NIGERIAN LAW

Abstract

The attacks against the United States of America (US) on 11 September 2011 paved the way for the enactment of counter-terrorism legislation across the globe. This tipped the balance towards national security concerns and human rights. Nigeria has shared in this global war by enacting the Terrorism Prevention (Amendment) Act 2013 (TPA). This legislation came into effect in the grip of strong emotions. Nigeria is currently experiencing terrorist attacks and has the potential to experience even more terrorist attacks due to its proximity to countries within the African Sub region that sponsor and harbor terrorist organizations. This study compares the investigation and prosecution of terrorism offences in the context of human rights protection in Nigeria and other democracies. It focuses on the arrest of individuals on suspicion of terrorism and the length of pre-charge detention under the TPA. It is discovered that the 90 days pre-charge detention period which is renewable for a similar period as stipulated under section 27 of the Act far exceeds that obtainable in other democratic jurisdictions. This study recommends further refinement of section 27 of the TPA to be in line with international best practices in upholding human rights.