COUNTERTERRORISM AND THE RIGHT TO FAIR HEARING IN NIGERIA: A CRITICAL ANALYSIS
The rise of terrorism in Nigeria, particularly Boko Haram insurgency, has necessitated the Nigerian government to adopt counterterrorism strategies to combat their activities. However, these measures have raised significant concerns regarding compliance with fair trial guarantees under the 1999 Nigerian Constitution (as amended) and also under international law. This paper aims at critical analysis of some of the fair hearing violations during counterterrorism. It is the argument of the paper that while national security is a legitimate state objective under Nigerian Constitution, its pursuit has often resulted in systemic violations of due process rights such as secret trials, prolonged detention, mass prosecutions and coerced confessions. It is further the argument of the paper that Nigeria’s counterterrorism framework, particularly under the Terrorism (Prevention and Prohibition) Act, 2022, systematically undermines the constitutional right to fair hearing guaranteed under section 36 of the Constitution of the Federal of Nigeria, 1999 (as amended). The paper finds that there is a systemic pattern of fair trial violations in Nigeria’s counterterrorism, particularly in terrorism related prosecutions. The paper adopts the doctrinal research methodology. It concludes that while counterterrorism is a legitimate and necessary state function, its implementation in Nigeria has negatively affected the protection of fair trial rights. The fight against terrorism in Nigeria is both necessary and urgent. However, the erosion of fair hearing rights undermines the rule of law and may ultimately weaken counterterrorism efforts. Upholding fair hearing is not a hindrance to counterterrorism but a cornerstone of legitimate and effective justice. It recommends that the Nigerian government should ensure strict compliance with section 36 of the Constitution in all counterterrorism prosecutions. Nigeria should also align its counterterrorism framework more closely with international human rights standards, particularly the ICCPR and African Charter. It also proposes reforms to harmonize security imperatives with constitutional safeguards.
Keywords: constitution, counterterrorism, right to fair hearing, human rights violations, rule of law
