Laws are enacted to circumscribe and circumvent the furtherance of crimes in a particular society or to deter members of a society from committing crimes.
            In Nigeria, there are a number of enactments that circumvent terror- related offences. In this topic, we shall be considering the provisions of all those enactments as they related to terrorism.

            The 1999 Constitution of the Federal Republic of Nigeria, the criminal code LFN (2004), the penal code, central bank of Nigeria Anti-Money Laundering/ Combating the Financing of Terrorism (AML/CFT) Regulation 209 ( as amended) terrorism (prevention) Acts, 2011 (as amended 2013) etc.
            Many measures have been adopted by Nigeria to combat terrorism. As Kofi Annan6 puts it, “human rights law makes ample  [1] provision for counter-terrorist action, even in the most exceptional circumstances. But compromising human rights cannot serve the struggle against terrorism. On the contrary, it facilitates achievement of the terrorist’s objective by ceding him the moral high ground, and provoking tension, hatred and mistrust of government among precisely those parts of the population where he is most likely to find recruit. Upholding human rights is not merely compatible with successful counter-terrorism strategy. It is an essential element7”.        
            One of the most well known measures adopted by the Nigerian government has been (in my own terms) “the negotiation measures” or Amnesty International. Under this measure, the Nigeria state sat and negotiated with the terrorists and after such negotiation(s), granted them amnesty and gave them a whooping sum of money8.
            Going by Annan’s words above, it seems that Nigeria during the period of Amnesty international “compromised human rights” and therefore, did not “serve the struggle against terrorism9”.    
            [2] However, there are several statutory provisions that combat terrorism. For instance section 4 (2) of the 1999 constitution of the Federal Fepublic of Nigeria, empowers the National Assembly to “make laws for the peace, order context of counter-terrorism, section II of the same constitution empowers the National Assembly to “make laws for the Federation or any other part thereof with respect to the maintenance and securing of public safety and public order and proving maintaining and security of such supplies and services as may be designated by the National Assembly as essential supplies and services. Pursuant to the above provision of the constitution and other relevant laws, the National Assembly, with the assent of the President of the Federal Republic of Nigeria enacted the terrorism (prevention) Act 2011 (as amended), (as amended), (hereinafter “TPA”). Prior to the enactment the TPA, Nigeria’s counter-terrorism laws were, in large measure predicated on relevant provisions of the criminal code (for the southern part of Nigeria) and penal code (for the northern part of Nigeria) whose character, scope and contemporary relevance were very limited.
            The TPA 2013 which spans through 20 sections contains far reaching provision ranging from definition and proscription of acts of terrorism to intelligence gathering, prevention, investigation and prosecution of alleged terrorists as well as mutual legal assistance.
            Section 2(1) of the TPA provides, “All acts of terrorism and financing of terrorism are hereby prohibited”. The TPA under a new subsection 2 of section 1 provides.
            A person or body corporate who knowingly or outside Nigeria directly or indirectly willingly.
(a)       does, attempts or threatens any act of terrorism;
(b)       commits an act preparatory to or in furtherance of an act of    terrorism.                                                              
(c)       omits to do anything that is reasonably necessary to prevent an act   of terrorism
(d)       assists or felicitates the activities of persons engaged in an act of      terrorism or an accessory to any offence under this Act;
(e)       Participates as an accomplice in or contributes to the commission    of any act of terrorism or offences under this Act,
(f)        Assists, facilitates, organizes or directs the activities of persons or   organizations engaged in any act of terrorism,  
(g)       Is an accessory to any act of terrorism, or,
(h)       Incites, promises or induces any other person by any means   whatsoever to commit any act of terrorism or any of the offences    referred to in this Act,
            Commits an offence under this Act and is liable on conviction to maximum of death sentence.”
            From the above provision, it is conspicuously deducible that any offence of terrorism (whether by direct or indirect involvement), is a capital offence.
            Under the criminal code, the issue of terrorism is implied rather than express this can be seen in part 2 of the criminal code which provides for offences of treason10, and instigating invasion of Nigeria11.
            Under section 37 of the criminal code, the code provides for treason and states under subsections 1 and 2 of the section thus;
1.         Any person who levies war against the state, in other to intimidate or overawe the president or the Governor of a state, is quality of treason, and is liable to the punishment of death.
2.         Any person conspiring with any person either within or without Nigeria, to levy war against the state with intent to cause such levying of war as would be treason if committed by a citizen of Nigeria is guilty of treason and is liable to death.
            Provided that nothing in this section shall prevent any act from being treason which is so by the laws of England as in force in Nigeria.
            Any person who instigates any foreigner to invade Nigeria with an armed force is quality of treason, and is liable to the punishment of death  [3]It is worth nothing that where an offender who the opinion of the court had not attained the age of seventeen years at the time offence was committed has been found quilt of an offence against either section 37 or 38 of this code, such offender shall not be sentenced to death but shall be ordered to be detained during the pleasure of the president and upon such an order being made the provisions of part 44 of the criminal procedure Act shall apply12.
            And also where a woman who has been convicted of an offence against either section 37 or 38 of the code alleges she is pregnant or where the judge before whom she is convicted considers it advisable to have inquiries made as to whether or not she be pregnant, the procedure laid down in section 376 of the criminal procedure Act shall first be complied with13.
            Before we consider the provisions of part 44 and section 366 of the criminal procedure Act, in line with the provisions of subsections 1 and 2 of section 39 of the criminal code, we shall first consider the conflict between the criminal code and the child’s Right Act Laws of the Federation of Nigeria (LFN), 2003 as to “who is a child”.
The child’s Right Act defines a child as a person under the age of eighteen years14. On the converse, the import of section 39(1) of the criminal code is that a child is a person below the age of seventeen. This is to say that the two definitions of who a child is are not tangential.
            However, the child Right Act provides that the provision of the Act supersede the provisions of all enactments relating to children15.   
            In my humble submission, I would proffer that judges who are ministers in the temple of justice use their sacred discretion to determine who a child is.
            What were the provisions of part 44 and section 376 of the criminal procedure Act as prescribed by section 39 of the criminal code.
            Part 44 of the Nigerian criminal procedure, Act, has only one section and it provides for “detention during the pleasure of the president”. The part provides;

1.         When any person is ordered to be detained during the pleasure of the president he shall notwithstanding anything in this Act or in any other written law contained be liable to be detained in such place and under such conditions as the president may direct and whilst so detained shall be deemed to be in legal custody.    
2.        A person detained during the pleasure of the president may at any   time be discharged  by the president on licence.
3.         A licence may at any time be revoke or varied by the president and where a licene has been revoked the person to whom the licence relates shall proceed to such place as the president may direct and if he fails to do so may be arrested without warrant and taken to such place16.
            Section 376 of the criminal procedure Act provides for the procedure where woman convicted of capital offence is alleged to be pregnant. It provides thus;
1.         Where a woman convicted of an offence punishable with death alleges that she is pregnant, or where the court before or by which a woman is convicted of an offence punishable with death alleges that she is pregnant, or where the court before or by which a woman is convicted thinks fit so to do the court shall, before sentence is passed on her, determine the question whether or not she is pregnant.
2.         The question whether the woman is pregnant or not shall be determined by the court on such evidence as may be laid before it on the part of the woman or on the part of the prosecution, and the court shall find that the woman is not pregnant unless it is provide affirmatively to the satisfaction of the court that she is pregnant.
3.         Where on proceedings under this section the court finds the woman in questions is not pregnant the court shall pronounce sentence of death upon her.
4.         An appeal shall lie to the Supreme Court against such finding and that court, if satisfied that the finding should be set aside, shall quash the sentence passed on her and in lieu thereof pass on her a sentence of imprisonment for life.
5.         The rights conference by this section on a woman convicted of an offence punishable with death shall be in substitution for the right of such woman to allege in stay of execution that she is quick with child the last mentioned right having ceased to exist.
6.         The court shall report to the appropriate authority any case in which the court passes a sentence of imprisonment for life under this section.
            Going back to the TPA, it is worth nothing that earlier stated provision of section 2 of the TPA is the amendment of section 1 of the TPA. The terrorism (prevention) Act, 2013 completely eliminates some sections in the terrorism (prevention) Act, 2011 that were obnoxious or rather that raise human rights concerns. For instance, sections 9, 12, 26 and 28 of the TPA, 2011 repose enormous powers in the National security adviser, Inspector General of Police and the state security service with little or no oversight or framework for accountability. Specifically, section 28 provides that where a person is arrested under reasonable suspicion of having committed any offence under sections 1,2,3,4,5,6,9,10,11,13, or 14 of that very Act, the National Security Adviser or Inspector General of Police or a delegated officer not below the rank of the Chief Superintendent of Police or its equivalent may, subject to the section, direct that the person arrested to be detained in a custody for a period not exceeding 24 hours from his arrest, “without having access to any person other than his medical doctor and legal counsel of the detaining agency. “This statement contravenes the provision of section 35(2) of the 1999 constitution17, pursuant to which “any person who is arrested or detained shall have the right to remain silent or avoid answering any question until after consultation with a legal practitioner or any other person of his own choice”. Similarly, section 32(1), which is to the effect that the Federal High Court “shall have the
sole jurisdiction to try an offence and impose the penalties specified in this Act”.
            Good to note that on February 21, 2013 the TPA, 2011 was amended. The new amendment addresses some of the human rights concerns of the TPA, 2011. First, the enormous powers of the National Security Adviser, the Inspector General of Police and the State Security Service under the TPA are either directly reposed in the Attorney-General of the Federation or exercisable against the backdrop of a framework which explicitly states that the Attorney-General of the Federation “shall be the authority for the effective implantation and administration of this Act and shall strengthen and enhance the existing legal framework to ensure – (a) conformity of Nigeria’s counter- terrorism laws and polices with international standards and United Nations Conventions on terrorism18”, while the office of the National Security Advisor shall be the coordinating body for all security and enforcement agencies.
            Second, clause “without having access to any person other than his Medical Doctor and legal counsel of the detaining agency” under[8] section 28 of the TPA, 2011 has been replaced with the clause “a medical officer of the relevant law enforcement or security agency or his counsel”19.         
            Third, having  regard to privacy rights, while section 26(1) of the TPA 2011 ad provided that “… the Attorney General of the Federation, the National Security Adviser or the Inspector General of Police may for the purpose of the prevention or detection of offences or the prosecution of offenders under this Act, give such directions as appear to him to be necessary to any communication service provider, the TPA (as amended) now provides that “without prejudice to any other law, the relevant law enforcement agency with the approval of the Attorney- General of the Federation may, with the approval of the coordinator on National Security for the purpose of the prevention of terrorist acts or to enhance the detection of offences related to the preparation of a terrorist act or the prosecution of offenders under this Act apply ex-parte to a judge for an interception of communication order20

Forth, an amended section 32(1) of section 15 of TPA, 2013 provide that “the federal high court located in any part of Nigeria, [9]regardless of the location where the offence is committed shall ha jurisdiction to (a) try offences under this Act or any other related enactment”.
            Note that the implied provisions of the criminal code, combating terrorism still go ahead to include the offences of murder21, the punishment for which is death.    
            Having X-rayed the laws that combat terrorism in Nigeria, we shall be looking into the laws that combat terrorism internationally.

6 The former Secretary General of the United Nations  
7 Kofi A. , “A  global strategy for fighting terrorism”, Keynote address to the closing plenary of the international summit on Democracy, terrorism and security, 8-11 March 2005, Madrid.
8. The Niger-Delta Militancy Amnesty
9. Kofi Annan (supra)     
10 Section 37 of the Criminal code
11 Section 35 of the Criminal code
12 Section 39(1) of the Criminal Code
13Section 39(2) of the Criminal Code
14  Section 277 of the Child’s Right Act, 2003
15 Section 274(1) (a) of the child’s Right Act.
16 Section 401 of the Criminal Procedure Act
17 Laws of the Federation of Nigeria (2011, Amended)
18 Section  1A (2) (a) of the Terrorism (Prevention) (Amendment Act, 2013  
19 Section 13 of TPA, 2013 (amending section 28(1) (a)
20 Section 13 of the TPA, 2013 (amending 29(1) )
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