International Human Rights Law and Countering Terrorism: Balancing Security and Fundamental Rights in Nigeria’s Anti-Terror Framework

📖 ABSTRACT/OVERVIEW

This research empirically examines the tension between counter-terrorism measures and international human rights obligations in Nigeria, assessing whether the Terrorism Prevention and Prohibition Act of 2022 and associated security operations comply with the state's obligations under the ICCPR, the CAT, and the African Charter on Human and Peoples' Rights. Nigeria's counter-terrorism framework has expanded significantly in response to the Boko Haram insurgency and the emergence of ISWAP, but international human rights bodies have raised recurring concerns about extra-judicial killings, mass arbitrary arrests, and the use of torture in counter-terrorism detention. Using a mixed legal-empirical methodology that combines statutory analysis with systematic review of UN human rights body communications, field reports from human rights organisations, and analysis of court decisions, the study assesses the compatibility of Nigeria's counter-terrorism legislation with international human rights law. It fills an identified research gap by providing a comprehensive cross-instrument assessment covering procedural rights, substantive rights, and derogation provisions. Findings indicate that several provisions of the Terrorism Prevention and Prohibition Act contain overbroad definitions of terrorism and inadequate judicial oversight of detention that are incompatible with ICCPR standards. The study makes an original contribution by proposing a Nigerian human rights-compliant counter-terrorism framework benchmarked against the UN Global Counter-Terrorism Strategy. Recommendations include legislative reform of detention provisions, mandatory human rights training for counter-terrorism security forces, and independent judicial monitoring of Terrorism Detention Centres. Keywords: counter-terrorism, human rights, ICCPR, Nigeria, Terrorism Prevention Act.

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