Terrorism as a Public Emergency: The Imperative for Human Rights Compliant Counter Terrorism Strategies in Nigeria

Abstract

Terrorism clearly has a very real and direct impact on human rights, with devastating consequences for the enjoyment of the right to life, liberty and physical integrity of victims. Globally, terrorism is now viewed as a public emergency and post 9/11 counter terrorism strategies have combated terrorism as one would a public emergency. Nigeria desired the protection of its citizens from the violations of their human rights hence the enactment of certain counter terrorism strategies. This paper investigated the extent to which counter terrorism strategies enacted and implemented by the Nigerian state resonate with international best practices for protection of human rights while confronting a public emergency. The paper found that Nigeria seemed to have designed her counter terrorism strategies to counter the very lofty ideals of human rights which she is internationally obligated to protect. The study concluded that internationally accepted norms for derogation under international human rights law in the face of public emergency has been exceeded by the Nigerian state through draconian strategies such as arbitrary arrest, unlawful detention, extra judicial killings, inhumane treatment and torture. The paper recommended both normative and institutional reforms such that the Nigerian counter-terrorism legal framework becomes anchored on internationally accepted norms of non-derogation of core rights to life, personal dignity, freedom from torture, cruel and inhumane treatment even in times of public emergency.

Keywords: Counter terrorism strategies, Human Rights, Public Emergency, Terrorism.

DOI: 10.7176/JLPG/117-06

Publication date: January 31^st 2022