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Challenges of Implementation of Anti-Terrorism Legislation in 

Nigeria 

 

 

Wisdom C. Egwu1  Eberechukwu E. Omezue-Nnali2 

Akanu Ibiam Federal Polytechnic, Unwana 

ukpabie3@gmail.com1, egwuwisdom@gmail.com2 

 

 

Abstract 
There is yet a dearth or scarcity of judicial authorities on the study 

in Nigeria, as our courts have not been sufficiently engaged to 

proffer views and opinions on it. Terrorism has been seen as the 

intentional use of violence and fear against a given population 

mostly civilians. In the recent years, Nigeria has had unrest due 

to terrorist attacks by the Boko Haram, Fulani Herdsmen, 

Bandits, Unknown Gunmen and the likes. Despite the existence of 

Anti-terrorism Legislation in Nigeria, there seem to be not much 

done in the arrest and prosecution of the terrorists. The general 

purpose of this study is to examine the challenges of 

implementation of Anti-Terrorism Legislation in Nigeria. In the 

course of this research work, 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 National Security Adviser and Attorney General of the 

Federation under this Act is overlapping and is capable of 

frustrating the working of this Act especially where the occupants of 

mailto:ukpabie3@gmail.com
mailto:egwuwisdom@gmail.com


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these offices want to show the superiority of the offices they occupy. 

Therefore, recommendation was made  for 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. Also, 

recommendation was made for ten years imprisonment for any 

person that pays ransom for a kidnapped victim to be released.   

Keywords: terrorism, legislation, national security adviser, attorney 

general of the federation 

 

 

1. Introduction 
This topic is significant in view of the security challenges that have 

taken over the center stage in the management of security of lives 

and property in Nigeria recently. Globally, the issue of security, 

peace and development is at the center stage of local, national and 

international discourse. States, especially developing ones are 

constantly in search of security.1 On Tuesday 11th 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 

                                                 
1
 A.O. Ojeniyi, Terrorism in Nigeria and Group Activities, 2nd Edition,(Lagos: Maxt 

Publishing Ltd, 2003) p.45. 



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Somerset county, Pennsylvania, south east of Pittsburgh.2 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 12th September 2001, the United Nations General 

Assembly passed a resolution condemning the heinous acts which 

had resulted in loss of lives and collateral destruction.3 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 11th 

September 2001. On September 12th 2001, the United Nations 

Security Council also condemned the terrorist acts expressing them 

as a threat to international peace and security.4 

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 

                                                 
2 Information taken from CNN. 11th September 2001: chronology of terrors 

http/edition.cnn.com/2001/us/09/11/chronology attack. Retrieved on 12/08/2018 

at ll:40am. 
3 GARes.56/l(12th September, 2001) 

www.un.org/documents/ga/dQcs/56/agresolution.htm Retrieved on 12/08/2018 

at 

11:50am. 
4 S/RES/1368 Adopted by the Security Council at its 4370th meeting. UNODC: 

Universal Legal Framework against Terrorism, Publishing and Library 

Section, United Nations office, Vienna, February, 2012, pg. 2.  



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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. 

It also required that States allow one another assistance for 

criminal investigations and proceedings relating to the financing or 

support of terrorist acts.5 According to the resolution, States are also 

to prevent the movement of terrorists or their groups by effective 

border control. The Security Council also determined that States 

shall intensify and accelerate the exchange of information regarding 

terrorist actions or movements like traffic in arms and sensitive 

materials, forged or falsified documents, use of communications and 

technologies by terrorist groups: and the threat posed by the 

possession of weapons of mass destruction. 

The former President of Nigeria Goodluck Jonathan said that 

the international community could assist Nigeria through the use of 

foreign aid earmarked to create economic opportunities in the country's 

northern regions.6 Moreover, for countries to give aid they would have 

to be sure that the money is being used in its intended manner. With 

the current state of corruption in Nigeria, that is anything but certain. 

Transparency International ranks Nigeria 134th on its Corruption 

Perceptions Index alongside Bangladesh, Togo, Zimbabwe, and 

Azerbaijan not exactly paragons of good governance.7 The challenges 

                                                 
5 Security Council SC/7158 (4385th Meeting) 28 September 2001. Security Council 

unanimously adopts wide-ranging Anti-Terrorism Resolution calls for suppressing 

Financing, Improving International Co-operation. Resolution 1373 (2001) Also 

created the Committee to Monitor Implementation. 
6  V. Chima “North East Crisis more of Islamist Extremism” New Telegraph 

Newspaper April 15th, 2013, p.4. 
7 Transparency International: Matters arising. Retrieved from 



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facing Nigeria are serious, and the solutions are scarce. A local, 

domestic terrorist group has now grown into something larger and 

much more dangerous. The Boko Haram sect could bond with 

extremist movements like al-Qaida in the Islamic Maghreb. 

President Muhammadu Buhari said, the Boko Haram sect, has 

metamorphosed into a new terror network in the form of killer 

herdsmen in Nigeria.8 The expansion of al-Qaida from the Maghreb 

into sub-Saharan Africa is a scary thought; one that concerns not only 

Nigeria, but all other countries that could be a target of al-Qaida, Given 

the origins of the group, the solution will not come from government 

security forces. If the leadership of Boko Haram is eliminated, another 

group will simply step up to take its place. Nigeria must look within 

itself to fix its social, economic, and political problems. Boko Haram 

is a symptom of alienation in Nigeria's north, something the U.S. and 

other countries can do little to address. Extremism is bred in inequality 

and insufficient economic opportunity, and the government of Nigeria 

must deal with these problems to achieve peace and security within their 

country. 

The need to feed livestock of herdsmen necessitates their 

migration from their communities due to inadequate pastures to 

other communities and this has led to the trespass of these 

pastoralists to the farmlands of local agriculturalists and destruction 

of their crops thereby leading to conflict and killer herdsmen 

menace. The Nigerian nation has persistently been in a fierce vortex 

and seemingly boiling cauldron of terrorism.  

Nigerian Parliament while passing Anti-Terrorism Bill avoided  

the difficulty associated with the acceptance of a general 

                                                 
http://thewillingnigeria.com/opinions/3467.  

8 F. Onuoha The Changing Faces of Terrorism Punch Newspaper, November 6th, 

2017, p. 12. 

http://thewillingnigeria.com/opinions/3467


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consensus on the concept of terrorism and went further to define 

a terrorist as “anyone who causes an attack upon a person’s life 

which may cause serious bodily harm or death; kidnapping of a 

person; destruction of government or public facility transport 

system, an infrastructural facility including an information 

system, a fixed platform located on the continental shelf, public 

plaza or private property likely to endanger human life or result 

in major economic loss”. The bill also covers possession of or use 

of explosives as well as research into the development of 

explosives including biological and chemical without lawful 

authority. It stipulates a minimum of ten years imprisonment for 

anyone found in the training of potential terrorists, passing or 

withholding terrorist information, aiding or harboring terrorist 

and funding terrorist activities. The bill also stipulates a 

maximum of 20 years imprisonment or death penalty, in case of 

loss of life in any terrorist act.9 Generally, the involvement of 

attacks on civilian population, police, military and other security 

agencies coupled with massive destruction of government 

facilities and civil properties like the oil installations, police 

stations, prisons, churches, mosques, and shops and so on.  There 

could be no stability in the society where social injustice, 

corruption and exploitation permeate the society.  

African Countries including Nigeria were therefore brought 

under intense pressure through diplomatic and Security necessity, to 

enact or amend their existing criminal laws to punish acts of 

terrorism. This was made pertinent by the establishment of a 

counter terrorism committee by the United Nations Security 

Council. Meanwhile, the National Assembly of Nigeria in February 

                                                 
9  K. Akinlola, “Senate Passes Anti-Terrorism Bill”, The New Telegraph Newspaper 

February 18th, 2011. p. 9.  



Challenges of Implementation of Anti-Terrorism Legislation in Nigeria 

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2011 passed the Terrorism Prevention Act, which the then President 

of Nigeria, Good Luck Ebele Jonathan Signed into law. This therefore 

made Nigeria to join other League of Nations determined to fight 

terrorism. The counter terrorism committee was established by the 

Security Council Resolution 1373 and was adopted unanimously on 

28th September, 2001 to monitor the implementation of Resolution 

1373 by member States.10 According to the former Leader of the 

African Union terrorism violates international law including the 

charter of the United Nations, the principles and values enunciated 

in the constitutive act and the protocol relating to the establishment 

of the Peace and Security Council (PSC).11 

However, with rapid increase in bombing and terrorist acts in 

the country, there was a dire need for a comprehensible legal 

framework guarding against terrorism in Nigeria. This brought about 

the sponsoring of the Anti-terrorism bill in the National Assembly. 

The then committee chairman, Senator Nuhu Aliyu explained that the 

fight against terrorism has become a global fight and Nigeria as a 

member of international community seeks to play an important role in 

combating same. The bill was signed into law by the then President 

of Federal Republic of Nigeria Good Luck Ebele Jonathan in June 

2011. However, Terrorism Prevention Act 2013 was enacted to cure 

the defect of 2011 Act. Notwithstanding the existence of Anti-

terrorism legislation enacted in Nigeria, we are still experiencing 

challenges as regards its implementation. 

 

                                                 
10

 1. T, Sampson, Global Terrorism: Contending Perspectives on the Necessity for 

Comprehensive Legislation (Chicago: Gills Publishing Ltd, 2002) P.10. 
11

 A. Konare, A Report on Preventing and Combating Terrorism in Africa, 

available at www.httpAfricaUnion.org. 



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2. Problems of Implementation of Anti-Terrorism 

Measures in Nigeria 

2.1 Inhibitions to Counter Terrorism Measures in Nigeria   

There are certain factors that militate against counter terrorism 

measures and they include: 

1) Porosity of the borders: This is an impediment to counter 

terrorism measures in Nigeria. While Nigeria’s border problem 

is related to colonial history, its porosity has been exacerbated by 

the failure of succeeding governments to properly administer 

these borders. There are instances where many of these weapons 

come from war-torn countries in and outside 

Africa. It is against this backdrop that the former president of 

Nigeria, Goodluck Jonathan rationalized that his imposition of a 

state of emergency in Borno, Adamawa and Yobe states was to mop 

up arms that was smuggled into Nigeria from the Libyan uprising 

when he stated the following: 

We must comb the whole 

place to seize all these 

weapons and so on. A lot of 

free weapons come in because 

of the Libya crisis. We must 

seize them. They are illegal 

weapons and must be seized 

and you cannot do that without 

declaring a state of emergency 

to enable the military enter 

any house, whether it is a 

residential building, it is a 

church, a mosque, a shrine, 

anywhere, hotel, anything that 

we suspect. We will be able to 



Challenges of Implementation of Anti-Terrorism Legislation in Nigeria 

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enter and seize these 

weapons.12 

From the above narrative one can postulate with some West Africans 

that 'when the war ends, the guns remain. After conflict, small arms 

are recycled for use in new conflicts and crime at home, or sold to 

other West African countries for use in new conflicts or to prolong 

ongoing ones. 

Despite the termination of most conflicts in the sub-region, 

smuggling and the illicit trade in small arms are reported to be on the 

increase. Others have found that many of the arms smuggling rings 

operate out of Cameroon, Equatorial Guinea and Nigeria.13 The 

smugglers use speed-boats to connect to the high seas, and then ferry 

the arms back to shore. Niger Delta region of Nigeria is a classic 

example; arms of various shades are brought into Niger Delta from 

various locations. Most of the weapons-such as the Russian AK-47, 

the German G-3, the Belgian FN-FAL, Czech machine guns and 

Serbian rocket-propelled grenades (RPGs)—are supplied by illegal 

dealers and sellers, who are paid through the proceeds of bunkered 

(stolen) oil. In October 2006 the Rivers State Police Commissioner 

arrested Chris Ndudi Njoku, a Nigerian businessman who specialized 

in importing and smuggling prohibited firearms into Nigeria.14 In his 

possession were G-3s, AK-47s and Beretta automatic rifles. European 

dealers are also involved in the trade with their Nigerian counterparts, 

                                                 
12Arms Smuggling in Nigeria Border. Available at 

www.iss.co.za/uploads/TERRORISMREPORT.PDF accessed on May 2nd, 

2018. 
13 I. Thomas, The Dynamics of Arms Smuggling in Africa available at 

<www.terrorislmanalysts.com/index.php/pot/article/view/152/html> accessed 

April 3rd, 2018.  
14 D. Omoniyi, “Smuggling of Arms in Nigeria ” Leadership Newspaper August 

17th, 2015. p. 8. 

http://www.iss.co.za/uploads/TERRORISMREPORT.PDF
http://www.terrorislmanalysts.com/index.php/pot/article/view/152/html


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but rarely have to face justice. Legal laxity in the region has increased 

the spate of arms proliferation. The deterioration of many West 

African states' capacity to enforce the rule of law has blurred the 

boundaries between legal and illicit markets, enabling a thriving trade 

in Small Arms and Light Weapons.  

2) Extra Judicial Killing by Security Agencies: This is a serious 

challenge of counter terrorism measures in Nigeria. The Nigeria 1999 

Constitution stipulates that: Every person has a right to life, and no 

one shall be deprived intentionally of his life, save in execution of 

the sentence of a Court in respect of a criminal offence of which he 

has been found Guilty in Nigeria.15 Also the African Charter on 

Human and Peoples' Rights stipulates that: Human rights are 

inviolable. Every human being shall be entitled to respect for his 

life and the integrity of his person. No one may be arbitrarily 

deprived of this right.16 In the same vein, the International Covenant 

on Civil and Political Rights stipulates that: Every human being has 

the inherent right to life. This right shall be protected by law. No one 

shall be arbitrarily deprived of his life.17 Despite the protection for the 

right to life provided for by national, regional and international 

instruments, cases of extra-judicial, summary and arbitrary 

executions by the Police and other law enforcement agencies are still 

prevalent in Nigeria. The entrenchment of democratic rule since 

1999 has not significantly reduced this practice. The frequent 

issuance of 'shoot-at-sight' orders by Government authorities during 

or upon apprehension of breakdown of law and order has worsened 

the situation. Worthy to observe is the extra judicial killing of 

Mohammed Yusuf by Nigeria Police in 2009 triggered the Guerrilla 

                                                 
15 See Section 33, Constitution of the Federal Republic of Nigeria, 1999. 
16 See Article 4, African Charter on Human and Peoples' Rights. 
17 Article 6(1), International Covenant on Civil and Political Rights 



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war between Nigeria government and the terrorist.  Prolonged years 

of military dictatorship in Nigeria entrenched a culture of disregard 

for human life, particularly on the part of security and law 

enforcement agencies. This attitude has largely remained 

unchanged, seven years after the advent of democracy. Cases of 

extra-judicial, summary and arbitrary executions have been 

persistently recorded across the country. Another good example of 

case of extra-judicial, summary and arbitrary executions was reported 

in April 12th, 2016; Umar Ibrahim Danjuma a 23 years old student of 

University of Maiduguri was innocently killed at Damboa Road 

Maiduguri by Policemen on patrol on the April 8th, 2016 on the 

allegation that they received an anonymous distress call that some 

terrorist were operating around the area. The Police claimed that 

upon getting to the area, they found the suspected terrorist in an 

uncompleted building. He started to run away and the deceased who 

tried to jump over the fence was shot dead. The body was taken to 

the Police Station and eventually to the Hospital where he died.   

However, the account of the incident by the deceased family, 

friends and eyewitnesses contradicted by the account of the police.  

3) The overlapping Roles of the National Security Adviser and 

the Attorney General 

of the Federation: The 2013 Act18 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 

                                                 
18 Terrorism Prevention Act, Section 1 



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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. 

4) Indefinite Detention of Terrorism Suspects under the Act: The 

2013 Act19 by providing for the detention of a suspect for up to 90 

days is derogatory of the fundamental human rights of the person. 

Any law that tends to infringe on the rights of a suspect unduly 

should not be allowed to stand, after all, fighting terrorism is not at 

odds with the inalienable rights of the people; rather each should be 

made to reinforce and complement the other. 

 

5) Conflicting punishment of the offence of kidnapping in 

Criminal Code Act and Terrorism Prevention Act: Even though 

the Criminal Code Act did not particularly mention terrorism but 

contains the offence of kidnapping, which is in the Terrorism 

Prevention Act of 2011 as constituting Act of terrorism. The effect 

of this is that an accused person could be charged either or all of the 

legislation, depending under which law the suspect is charged; he 

may get a lesser punishment for the offence if convicted. This is 

because, kidnapping under Criminal Code Act carries ten years 

imprisonment20 as against 20 years imprisonment provided under 

Terrorism Prevention Act, 2011 (as amended).21 

6) Payment of ransom for kidnapped victims: Payment of ransom 

for kidnapped victims pose a serious danger to the implementation 

of anti-terrorism legislation in Nigeria. This is because kidnappers 

take advantage of this negative practice by some Nigerians thereby 

making it a lucrative business. This kidnap kingpins demand as 

much as hundred million as ransom to release their victims. 

                                                 
19 Terrorism Prevention Act, Section 27 
20 Criminal Code, Cap C. 38, LFN, 2010. 
21 Section 1(c)(ii) of Terrorism Prevention Act, 2011 (as amended). 



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3. Recommendations 

1) Amendment of the Provisions of the Law: to strengthen the 

fight against terrorism, the following Sections of terrorism law and 

Constitution have to be amended. 

i.    Amendment of Sections 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; 

ii.  Amendment of Section 27 of Terrorism (Prevention) Act, 

2013 which empowers a judge to grant an order for the 

detention of a suspect for a period up to 90 days subject to 

renewal and amendment of Section 32 to include state high 

court in handling terrorism  

2) Harmonization of Terrorism Prevention Act to be in tandem 

with other cognate legislation: this is necessary because the 

enactment of Terrorism Prevention Act did not repeal the punishment 

for the offence of kidnapping in Criminal Code Act, which is ten years 

imprisonment as against twenty years provided under the Terrorism 

Prevention Act. 

3) The roles of the National Security Adviser and that of the 

Attorney General of the Federation shall be clearly delineated 

in Terrorism Act: this is to avoid overlapping of functions which 

is capable of eroding the fight against terrorism. 

4) Strengthening of Traditional Institution and Its Integration: 

there is need to strengthen the traditional system of our country, 

these traditional institutions instill morals on children and youths. 

Nigeria by nature is endowed with well-organized traditional 

institutions headed by Obas, Emirs as well as Igwes, Ezeogos in 

Igbo land respectively. Some of these traditional institutions are 

well structured just like pyramid. These institutions should be 



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properly integrated in our political system particularly to solve 

problems that touch the society directly. 

5) Redefinition of National Security Goal: fundamentally; 

Nigeria needs to redefine its national security goal. The national 

security aspiration of Nigeria has for a long time centered on 

expelling external aggression and containing internal upheavals. 

Therefore; economic deprivation or imbalances; poverty; health 

concerns; international migration; environment or issues like 

desertification; gully erosion and other ecological problems should 

form part of the security agenda. This is critical to the resolution of 

the herdsmen/farmer’s conflict which has led to killer herdsmen 

menace in Nigeria. 

6) Punishment for payment of ransom for kidnapped victims: 

Any person found guilty by a competent court of paying ransom for 

kidnapped victims should be imprisoned for 10 years imprisonment.    

4. Conclusion 

So much have been done internationally, regionally and 

domestically to ensure that this evil called terrorism that has 

besieged this generation is curbed, so that people can go about their 

businesses without fear of being killed or kidnapped. Is of no doubt 

that, different set of terrorist group have emerged in Nigeria with 

Boko Haram leading the prawn.  

There is no doubt that, effective Police action or Military 

action, within the precincts of law, can certainly reduce terrorism. 

We should therefore, not operate under the illusion that military 

action alone can eradicate terrorism completely. Unless terrorist 

groups themselves decide to abandon armed struggle, it may be 

difficult to overcome them by force, having regard to the 

asymmetric nature of their approach. The enactment of Terrorism 



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Prevention Act 2011 can be regarded as a right step, this is because 

Legislation alone cannot end terrorism. 

 

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Sampson, I. T. (2002) Global Terrorism: Contending Perspectives on 

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http://thewillingnigeria.com/opinions/3467

