The Right to a Fair Trial in Terrorism Prosecutions in Nigeria: Analytical Assessment of the Terrorism Prevention Act

This research analytically assesses the compatibility of Nigeria's Terrorism Prevention and Prohibition Act 2022 with the right to a fair trial under Section 36 of the 1999 Constitution and Article 14 of the ICCPR. Terrorism prosecutions present inherent tensions between national security imperatives and fundamental fair trial guarantees, including the presumption of innocence, access to legal counsel, and the right to challenge the evidence. Following the intensification of counter-terrorism prosecutions in Nigeria against Boko Haram suspects and, more recently, ISWAP detainees, the human rights dimensions of terrorism trials have attracted increasing scholarly and civil society attention. The study combines doctrinal analysis of the Act's procedural provisions with case analysis of 40 terrorism prosecutions decided by the Federal High Court between 2020 and 2024, examining judicial approaches to evidence admissibility, pretrial detention periods, access to legal representation, and witness protection. Secondary data from defence lawyers' associations and the Open Society Justice Initiative on counter-terrorism due process globally are reviewed. Findings reveal systematic violations of the 48-hour detention rule, restrictions on legal access during investigative detention, and judicial deference to prosecution evidence obtained under conditions potentially involving coercion. The study argues that current counter-terrorism due process standards do not adequately protect against wrongful conviction. Recommendations include legislative reform of detention authorization procedures, mandatory judicial oversight of counter-terrorism investigations, and attorney access guarantees from the point of arrest. Keywords: fair trial, terrorism prosecutions, Terrorism Prevention Act, due process, Nigeria.