Deconstructing the Terrorism (Prevention) (Amendment) Act, 2013

Nigeria today is bedeviled by a scourge of motley conflicts that are multifarious in content and character. These multiplicity and multifaceted conflicts are threatening the soul, unity and existence of the country. The citizens of Nigeria are overawed by the bravado and effrontery displayed by the perpetrators of these armed violence and conflicts. In the prosecution of their enterprise, these armed bearers do not spare anyone or group that cross their path. Their targets include a whole tribal community as witnessed in Jos, Plateau State and Kaduna; multinational companies’ establishments and personnel as seen in the Niger-Delta; attack on government establishments (both Federal State and Local Government) as seen in the North East and Central of Nigeria. These include the attack on security agencies, school building, children and teachers, markets, garden parks, hotels, banks and attacks on churches and Mosques based on religion. In the wake of these leave countless deaths and destruction of private and public properties. Between 2013 and 2014, there have been a recorded six thousand deaths of men, women and children. The victims include both civilians and the military as well.

It is believed and rightly too, that the ferocity and audacity exhibited by these arm bearing individuals in carrying out these dastardly mayhem without let and hindrances can be attributable to the fact that there exist no effective legal framework and regulations towards chastisement of these deviant behavior. However the Criminal Code Act and Penal Code Act provide for several offences which prohibit those types or nature of offences even though these crimes were not particularly designated “terrorism”. For instance, kidnapping, murder, Attempt to destroy property by explosive, Arson, Destroying or damaging an inhabited house or vessel with explosives, sending letters threatening to burn or destroy property, disturbing religious worship and Attempt at extortion by threats. These offences enumerated above are also contained in the new legislation enacted for the efficient and effective prosecution of the conflicts that have dare and confronted the country in a massive manner.

Those conflicts or orchestrated in the nature and form they are designed and executed qualify within the meaning and definition ascribed to the word “terrorism”. The Nigerian government in order to positively and robustly respond to the challenges posed by terrorism and also to comply with its international obligations towards its mandate contained in different counter-terrorism instruments which the country has ratified, the National Assembly, in exercise of its powers conferred to it by the constitution enacted into law an anti-terrorism legislation in 2011 cited as “Terrorism (Prevention) Act” which was later amended in 2013 as “Terrorism (Prevention) (Amendment) Act 2013”. The threat posed to national peace, cohesion and stability by terrorism and insurgency is such that this counter-terrorism Act is needful in order to decisively tackle the menace and arrest the growing incidence. Also, in order to maintain international peace and security, the international comity of nations have adopted various international anti-terrorism instruments which member nations are obliged to ratify and domesticate in their countries.

This paper shall do an appraisal of the Terrorism (Prevention) (Amendment) Act 2013 for the purpose of discovering in actuality if the enactment satisfies the international benchmark in counter-terrorism or whether the Act is purely autochthonous in response to the country’s relative experience and challenges. In our analysis, this work will also consider the adequacy or otherwise of the content of the Act and whether maximum merit will be achieved in the fight against terrorism with the present template dished out by the Act.

WHAT IS TERRORISM?
The concept of terrorism has defied all universally acceptable definition. Different definitions are given by different persons and groups in accordance with the school of thought they are pupil to. As a result of this, between 1936 and 1981, there have existed about 109 various definitions of the concept of terrorism. The United States Department of Defence defines terrorism as:

“The calculated use of unlawful violence or threat of unlawful violence to inculcate fear, intended to coerce or to intimidate governments or societies in the pursuit of goals that are generally political, religious, or ideological”

Also, terrorism can defined as:

“… A method of combat in which random or symbolic victims serve as an instrumental target of violence. These instrumental victims share group or class characteristics that form the basis for their selection for victimization. Through the previous use of violence or the credible threat of violence other members of the group or class are put in a state of chronic fear. This group of people whose sense of security purposefully undermined is the target of terror. The purpose of this indirect method of combat is either to immobilize the target of terror in order to produce disorientation and compliance or mobilize secondary targets of demands (eg. a government) or targets of attention (eg. public opinion) to change their attitude or behaviour favouring the short and long term interest of the users of this method of combat”

For Juliet,

“Terrorism is the resort to violence for political ends by unauthorised, non-governmental actors in breach of accepted codes of behaviour regarding the expression of dissatisfaction with dissent from or opposition to the pursuit of political goals by the legitimate government authorities of the state whom they regard as unresponsive to the needs of certain groups of people.”

So, terrorism is a deliberate and systematic murder, maiming and killing innocent people in a communal setting with the purpose of instilling fear for a required end. The targets of terrorism are not limited to human beings but also target some government forces and vital infrastructure. In the Nigeria’s experience, the oil and gas pipelines breakages, the abduction of expatriate and indigenous oil workers, attack on military installation, Police Stations and Barracks, the attack of places of worship and international agencies’ building and offices can conveniently be cognately tagged ‘terrorism’. These vicious acts encapsulated above are perpetrated by Jama’atu Ahlis Sunnah Lidda’ awati Wal-Jihad which in Arabic means “People Committed to the Propagation of the Prophet’s Teaching and Jihad”, which is better known by its Hausa name as “Boko Haram,” Niger-Delta Militants (Movement for the Emancipation of Niger Delta (MEND), Niger-Delta peoples Volunteer Forces of Niger, (NDPVFN)), Maitatsine Religious riot in the North, Zango Kataf communal and religious clash and much more. These generated the urgent action to legislate a cognate enactment to counter these rising monstrous orgy of blood-letting in the country.

Nigeria is largely a respected member of the United Nations, African Union and Economic Community of West African States (ECOWAS). In that light it has ratified nine out of the sixteen United Nations and African Union International treaties on counter terrorism.