LECTURE DELIVERED BY AARE OLUMUYIWA AKINBORO, SAN, FCIARB (UK), FCIMC, LIFE BENCHER AS CONVOCATION GUEST LECTURER AT THE 4OTH CONVOCATION CEREMONY OF THE POLYTECNIC, IBADAN HELD ON 18TH DECEMBER, 2025.
TOPIC:
LEGAL FRAMEWORK AND STRATEGIES FOR ADDRESSING TERRORISM, BANDITRY AND INSURGENCY IN NIGERIA; A MULTIDIMENTIONAL APPROACH
The security challenges presently confronting Nigeria, specifically terrorism, banditry, and insurgency, represent an existential threat to our national cohesion and development. Terrorism has become one of the most pressing security challenges confronting Nigeria in the 21st century. A nation once secured and peaceful has seemingly become increasingly incapable of protecting its citizens whether in their homes, on the roads while travelling, in the farms, in the schools and even in places of worship.
Terrorism, predominantly driven by extreme ideological groups like Boko Haram and the Islamic State West Africa Province (ISWAP) continue to launch asymmetric attacks, displace populations and pose a transnational threat. Banditry and Kidnapping for ransomhave also surged dramatically, involving heavily armed, mobile criminal groups engaging in mass kidnappings cattle rustling, and extortion. Their motive is primarily economic, though there is growing concern over potential collaborations with terrorist groups. Also, insurgents and agitatorshave resorted to violence against security personnel and government facilities, while inter-communal and farmer-herder conflicts persist across the North-Central and the Middle belt.
Groups such as Boko Haram and the Islamic State West Africa Province (ISWAP) have carried out violent attacks, kidnappings, and bombings that destabilize communities, undermine governance, and threaten national unity. Beyond insurgency in the North‑East, terrorism has also manifested in forms of banditry, farmer‑herder clashes, and cross‑border criminal networks, making it a multidimensional threat.
The persistence of terrorism highlights the need for a robust legal framework and comprehensive strategies to combat it. Nigeria’s response cannot rely solely on military force; it must be anchored in law, supported by institutions, and complemented by socio‑economic measures that address the root causes of extremism. The Terrorism (Prevention and Prohibition) Act, 2022 provides the statutory backbone for counter‑terrorism, while regional
and international commitments ensure Nigeria aligns with global standards.
This presentation therefore seeks to examine the legal instruments Nigeria has adopted to criminalize and prosecute terrorism, the strategies deployed by government and security agencies to prevent, detect, and respond to terrorist threats, the challenges that hinder effective implementation, and practical recommendations for strengthening Nigeria’s fight against terrorism.
BACKGROUND/CONCEPTUAL CLARIFICATION
Terrorism has increasingly become a focal point in the conceptual discourse of security studies, particularly following the profound reconfiguration of the international security paradigm after the September 11, 2001 attacks in the United States.[1] In the wake of that watershed moment, terrorism acquired a distinctly transnational dimension, firmly embedding itself within the global governance and security agenda. Within this broader context, the present paper undertakes a critical examination of the Nigerian experience, where the recent escalation of terrorist activities has generated heightened concern and scholarly inquiry.[2]
In the case of KARUMI v. FRN (2016) LPELR-40473(CA), the Court of Appeal, Per JOSEPH SHAGBAOR IKYEGH, JCA while noting on the grave nature of the offence of terrorism and its effect on the society held at Pp 25 – 25 Paras A – D, thus:
“The gravity of the offence of terrorism which involves the use of violence or force to achieve something, be it political or religious, is a grave affront to the peace of society with attendant unsalutary psychological effect on innocent and peaceful members of the society who may be forced to live in perpetual fear. It is an offence that may even threaten the stability of the state. The sophisticated planning and execution of the acts of terrorism show it is an offence that requires premeditated cold-blooded organisation. The circumstances under which such a crime is organised calls for appropriate sentencing to deter its recurrence by potential or prospective offenders.”
One of the initial legislative attempts to combat terrorism and terrorism financing in Nigeria can be seen in the provision in Section 46 of the Economic and Financial Crimes Commission (Establishment) Act, 2004. By virtue of the said Section “terrorism” means:
Any act which is a violation of the Criminal Code or the Penal Code and which may endanger the life, physical integrity or freedom of, or cause serious injury or death to, any person, any number or group of persons or causes or may cause damage to public or property, natural resources, environmental or cultural heritage and is (a) calculated or intended to:
intimidate, put in fear, force, coerce or induce any government body, institution, the general public or any segment thereof, to do or abstain from doing any act or to adopt a particular standpoint, or to act (i) according to certain principles; or
disrupt any public service, the delivery of any essential service to the public or (ii) create a public emergency; or
(iii) create general insurrection in a State;
any promotion, sponsorship of, distribution for command, aid, incitement, encouragement, attempt; threat, conspiracy, organisation or procurement of any person, with the intent to commit any act referred to in paragraph (i), and (iii).[3]
The EFCC Act, 2004 merely made general provision which predicated terrorism on the violation of the existing Criminal Code or Penal Code. Hence for any act to amount to terrorism, it must first, qualify as an offence under the Criminal Code or the Penal Code.
Under the Nigerian Terrorism (Prevention and Prohibition) Act, 2022, terrorism is broadly defined to include any act deliberately carried out with the intent to cause death or serious bodily harm, intimidate a population, compel a government or international organization to act or abstain from acting, or destabilize fundamental political, constitutional, economic, or social structures[4]
The Nigerian case has drawn sustained attention from both domestic actors and international stakeholders, underscoring the need to interrogate the complex interplay of local dynamics and global security imperatives. legal frame work and strategies for combation terrorism in nigeria
Nigeria combats terrorism through a mix of domestic laws, international obligations, and security strategies. The central legal instrument is the Terrorism (Prevention and Prohibition) Act, 2022, supported by constitutional provisions, regional treaties, and coordinated enforcement mechanisms.
BRIEF HISTORY
Since Nigeria’s transition to democracy in 1999, the country has faced persistent insecurity that has undermined socio‑economic development and limited the dividends of democratic governance. Among the many forms of conflict, three stand out for their scale and impact: the Niger Delta militancy, terrorism, and pastoral conflicts.[5] The Niger Delta militancy arose from grievances over resource distribution in the oil‑producing region, where despite generating the bulk of Nigeria’s foreign exchange earnings, poverty and inequality have fueled unrest.[6] Terrorism, led by Boko Haram and its affiliate ISWAP since 2002, has claimed over 41,000 lives between 2012 and 2022, spreading beyond the North‑East to other regions, thereby establishing itself as a national menace. More recently, pastoral conflicts between herders, farmers, and cattle rustlers have escalated, driven by climate change, land competition, and armed pastoralism, with clashes rising dramatically in the last decade.[7]
Beyond these three, other forms of insecurity such as kidnapping, armed robbery, and ethnic clashes have also intensified. A common thread in Nigeria’s response has been the role of non‑state actors, particularly vigilantes, who often step in where the state fails to provide adequate protection. Their involvement has become especially significant in counterterrorism efforts in the North‑East and across the Lake Chad Basin, a region now plagued by cross‑border terrorist violence.[8] Although the Multinational Joint Task Force (MNJTF) was expanded in 2015 to combat Boko Haram and ISWAP across Nigeria, Chad, Niger, Cameroon, and Benin, its effectiveness has waned due to structural weaknesses, unclear mandates, and failure to adapt to evolving threats. This underscores the complex interplay between state fragility, regional cooperation, and the growing reliance on vigilante groups in addressing Nigeria’s security challenges.
LEGAL FRAMEWORK
According to John Locke in his book Treatise of Government, “people form government primarily to protect their life, liberty and property”. For him, government is a social contract in which individuals give up some freedoms in exchange for the protection of their fundamental rights by thegoverning body.
This view was also shared by Thomas Hobbes in Leviathan where he emphasized that the absence of a central authority or government to manage the affairs of the people would result in an anarchist state, where human life would be solitary, poor, nasty, brutish and short.
I submit that the duty of government to protect lives and property of its citizens is intrinsically tied to its legitimacy and a foundational pillar of the social contract between the government and citizens. It therefore follows, that when a government fails to protect its citizens, it has failed to uphold its end of the agreement. The effect is that such government loses legitimacy, and public trust in it is eroded, leading to a state of nature where individuals must fend for themselves and undermine the government’s mandate or authority to rule.
The failure of government to secure life and property does not merely represent an administrative oversight; it signifies a collapse of the essential framework that transforms a populace into a functioning civil society. Without the assurance of safety, economic activities stall, justice becomes arbitrary, and citizens are compelled to live in a perpetual state of fear, leading to social disintegration. A government that must have legitimacy must prioritize the establishment of a robust security apparatus and the rule of law, as the protection of its citizens is an indispensable precondition for its continued existence as a sovereign authority.
The framers of the Nigerian 1999 Constitution (as amended) recognize this important objective of government and expressly enshrined it in the constitution as one of the fundamental objectives and directive principles of state policy. While The 1999 Constitution of the Federal Republic of Nigeria (as amended) does not expressly define terrorism, it provides the foundation for combating it through several provisions: Section 14(2)(b) declares that the security and welfare of the people shall be the primary purpose of government; Section 11 empowers the National Assembly to make laws for peace, order, and good governance, including matters of national security; Section 214 (1) established the Nigerian Police as the central security agency to cater for the internal security in Nigeria; Sections 217–220 establish and regulate the Armed Forces to defend Nigeria against external aggression and maintain internal security; and Chapter IV guarantees fundamental rights while allowing restrictions in the interest of defence, public safety, public order, and public morality. Collectively, these provisions empower the state to enact laws such as the Terrorism (Prevention and Prohibition) Act, 2022, while ensuring that counter‑terrorism measures remain lawful, proportionate, and respectful of constitutional rights.
In furtherance of the laid down objective to ensure adequate protection of lives and propertyof citizens, the National Assembly in exercise of its powers to make lawsfor peace, order, and good governance, enacted The Terrorism (Prevention and Prohibition) Act, 2022 which represents Nigeria’s most comprehensive legislative effort to address the scourge of terrorism. This enactment consolidates earlier laws and introduces clearer definitions of terrorism, terrorist financing, and related offences. By criminalizing acts intended to destabilize political, economic, or constitutional structures, the Act provides a strong legal basis for prosecuting individuals and organizations engaged in terrorism. It also empowers institutions such as the Attorney‑General of the Federation, the National Security Adviser, and law enforcement agencies to coordinate detection, prevention, and prosecution. Importantly, the Act aligns Nigeria’s domestic framework with international conventions and obligations, ensuring compliance with global standards in counter‑terrorism.
Beyond criminalization, the Act establishes a regulatory and institutional framework that enhances Nigeria’s capacity to respond to terrorism. It provides mechanisms for freezing assets linked to terrorism financing, monitoring suspicious transactions through the Nigerian Financial Intelligence Unit, and designating special courts for terrorism trials. The law also emphasizes intelligence gathering, inter‑agency collaboration, and protection of fundamental rights to prevent abuse of power. However, while the Act is robust on paper, its effectiveness depends on consistent enforcement, adequate resources, and respect for human rights in counter‑terrorism operations. Thus, the Act is both a legal shield and a strategic tool, designed to balance national security imperatives with Nigeria’s constitutional and international obligations.
The Cybercrime (Prohibition, Prevention, etc.) Act, 2015 complements Nigeria’s counter‑terrorism framework by criminalizing the use of electronic platforms, online transfers, and digital currencies to finance terrorism, as well as prohibiting the use of computer systems or networks to plan, promote, or execute terrorist acts such as propaganda, recruitment, and coordination. It empowers law enforcement agencies to monitor and investigate suspicious online communications, mandates service providers to cooperate in providing data, and prescribes strict penalties including imprisonment and fines, while aligning with the Terrorism (Prevention and Prohibition) Act, 2022 to ensure consistency. In essence, the Act closes critical gaps by targeting cyber‑enabled terrorism and financing, reinforcing Nigeria’s broader legal and institutional efforts to combat extremism in both physical and digital spaces.
Institutional framework
Nigeria’s institutional framework for combating terrorism is built on a network of agencies and mechanisms coordinated by the Office of the National Security Adviser (ONSA) and the National Counter Terrorism Centre (NCTC), which serve as the focal points for policy and inter‑agency collaboration. The Department of State Services (DSS) provides intelligence, the Nigeria Police Force investigates and prosecutes offences, while the Armed Forces conduct military operations against insurgents. Financial oversight is handled by the Nigerian Financial Intelligence Unit (NFIU), and the Federal High Court was conferred with exclusive jurisdiction to handle terrorism related charges. Usually, special courts are reserved to ensure speedy trials. Regionally, Nigeria works with the Multinational Joint Task Force (MNJTF) and internationally aligns with UN and AU counter‑terrorism conventions. Together, these institutions form a multi‑layered system that integrates military, intelligence, financial, judicial, and international cooperation to strengthen Nigeria’s fight against terrorism.
STRATEGIES FOR COMBATING TERRORISM IN NIGERIA
1. Military and Security Operations
Nigeria relies heavily on its armed forces and specialized security units to confront terrorist groups such as Boko Haram and ISWAP. The deployment of the Joint Task Force (JTF) and the Multinational Joint Task Force (MNJTF), which includes neighboring countries, has been central to reclaiming territories and disrupting insurgent strongholds. Intelligence‑driven raids, aerial surveillance, and counter‑insurgency tactics are used to dismantle terrorist cells and prevent cross‑border infiltration. These operations aim to weaken the operational capacity of terrorists while restoring state authority in affected regions.
2. Law Enforcement and Judicial Measures
Beyond military action, Nigeria has strengthened its legal and judicial framework to ensure accountability. The Terrorism (Prevention and Prohibition) Act, 2022 provides the statutory basis for prosecuting terrorism offences, while special courts and designated judges handle terrorism cases to expedite justice. Law enforcement agencies such as the Department of State Services (DSS) and the Nigeria Police Force play key roles in investigation, arrest, and prosecution. Witness protection programs and trial‑within‑trial procedures are also employed to safeguard due process and ensure credible convictions.
3. Financial Counter‑Measures
Recognizing that terrorism thrives on funding, Nigeria has adopted strategies to cut off financial flows to extremist groups. The Nigerian Financial Intelligence Unit (NFIU) monitors suspicious transactions, while banks and financial institutions are mandated to report activities linked to terrorism financing. Assets of individuals or organizations suspected of supporting terrorism can be frozen under the law. These measures align with international standards, ensuring Nigeria complies with global anti‑money laundering and counter‑terrorism financing frameworks.
4. Community Engagement and Deradicalization
Military and legal measures alone cannot eliminate terrorism; hence Nigeria invests in soft strategies such as community engagement and deradicalization. Programs are designed to rehabilitate repentant insurgents, reintegrate them into society, and counter extremist ideologies through education and counseling. Religious leaders, traditional rulers, and civil society organizations are mobilized to promote peace narratives and discourage radicalization. By addressing grievances and fostering trust between communities and the state, these initiatives aim to reduce recruitment into terrorist groups.
5. Regional and International Cooperation
Terrorism in Nigeria often has cross‑border dimensions, making regional and global cooperation essential. Nigeria collaborates with neighboring countries through the MNJTF, shares intelligence with international partners, and participates in African Union and United Nations counter‑terrorism initiatives. Joint patrols, intelligence exchanges, and coordinated operations help track movements of insurgents and disrupt transnational networks. This cooperative approach strengthens Nigeria’s capacity to combat terrorism while ensuring alignment with global security standards.
STRENGTHENING THE FIGHT AGAINST TERRORISM AND INSURGENCY THROUGH STATE POLICE
As earlier pointed out above, Section 214 (1) of the 1999 Constitution established the Nigerian Police as the central security agency to cater for the internal security in Nigeria and expressly prohibits the establishment of any other police force for the federation or any other part thereof. However, the demands of contemporary security and policing in Nigeria clearly indicates that the central police is no longer suited to exclusively handle the diverse security challenges facing different regions and localities in Nigeria including the perennial conflicts occasioned by the activities of nomadic herders and the activities of bandits that often result in loss of lives and livelihoods as well as wanton destruction of property; hence there has been an increasing call for the amendment of the Constitution to give a lee way for the creation of state police to tackle peculiar security issues in the various states particularly as it relates to terrorism and other insecurity concerns occasioned by open grazing activities.
In response, various states especially in Southern Nigeria enacted Anti-Open Grazing Laws to address these security challenges. These laws prohibit open grazing of livestock and impose punishment including fine and terms of imprisonment for anyone who engages in open grazing of livestock.
However, enforcement of these laws have been a challenge as there seem to be some reluctance on the part of the federal-controlled Police to enforce the anti-open grazing laws of the states while the states lack the security apparatus within its control to drive the enforcement of these laws.
These important questions should therefore agitate our minds:
- If Nigeria is a democracy as provided in Section 14(1) of the Constitution as well as a federation as provided in Section 2(1) & (2) of the Constitution, why is Police centralized, contrary to the principles of federalism.
- The Constitution in Section 14 (2) of the Constitution recognizes that the primary purpose of government shall be the security and welfare of the people. If that is so, can the government of the States be able to serve this primary purpose when they are fettered by the same constitution which prohibits the establishment of any other police force for the federation or any part thereof thereby preventing states from creating and controlling their own police?
- If states are constitutionally empowered to make laws through their Houses of Assembly, how then can they effectively enforce those laws without a state police?
While the conversation on the need for state police continue to gain momentum, different regions and states in Nigeria have taken ingenuous steps to create local security outfits to tackle their local security challenges. An example is the South West Security Network (Amotekun) established by the South Western States in 2020 to combat terrorism, kidnapping and banditry in the South West. Each of the States passed its own State Security Network Agency Law to give the establishment and operation of Amotekun a legal backing.
This was a bold step by the governors of the South West towards combating insecurity, terrorism, kidnapping and banditry in the south west and I must commend their foresightedness and commitment to providing security in their states. I think that to a very large extent the operation of Amotekun has been successful as they have synergized with the Nigerian Police Force to extensively reduce the activities of kidnappers and bandits in the South West. Their peculiar knowledge and understanding of the local environment has helped them in gathering useful intelligence and navigating the terrain to smoke out criminal elements that were on rampage in the South West. This is indeed the way to go.
However, while some of these state security networks such as Amotekun can confront the activities of the terrorists and criminal herders as well as make arrests, their effectiveness is still limited as they still need to hand over the arrested suspects to the Police due to lack of detention power and facility. Also they do not have prosecutorial powers.
Challenges confronting the fight against terrorism and insurgency in Nigeria include:
- Enforcement gaps and corruption: I posit that Nigeria’s problems are usually not lack of laws but the lack of the requisite will-power and adequate enforcement mechanism to give full effect to existing laws. The issues range from failure of relevant agencies to fully activate the Anti-Money-Laundering Act to break the chain of terrorism financing, to limited judicial and criminal justice capacity to expeditiously prosecute terrorism related charges, to inconsistency in policy implementation, etc.
- Human rights concerns in counter‑terrorism operations: concerns have often been raised about human rights violations by the security operatives in the course of their counter-terrorism operation as consistently highlighted by the Amnesty International (AI). These rights violations render the efforts of the security agencies counterproductive as it alienates the civil population who should provide intelligence in support of the counter-terrorism campaign, while equipping the terrorists with potent propaganda tools.
- Socio‑economic drivers: socio-economic challenges such as poverty, unemployment, lack of education, political grievances/ bad governance are considered the root causes or enabling factors that create fertile ground for terrorism and violent extremism in Nigeria. To effectively curtail terrorism, there is need to focus efforts at eradicating poverty, lowering unemployment rate, improving literacy rate and entrenching principles of good governance.
- Weak coordination among agencies: Inter-agency rivalry resulting in lapse in intelligence sharing as well as fragmented and un-harmonized efforts by the different security agencies continue to pose a serious challenge to the fight against insurgency and terrorism.
5. Recommendations
To effectively combat terrorism in Nigeria, strategies must focus on strengthening institutional capacity and fostering inter‑agency collaboration, while ensuring that security measures are balanced with respect for human rights. At the same time, investing in socio‑economic development is crucial to addressing the root causes of extremism such as poverty and unemployment, and enhancing regional and international partnerships will provide the necessary cooperation, intelligence sharing, and joint operations to tackle cross‑border threats and align Nigeria’s efforts with global standards. There is also the need for constitutional amendment to decentralize the Police and pave way for the creation of state police with full prosecutorial powers.
Conclusion
Nigeria’s fight against terrorism is anchored in strong laws like the Terrorism (Prevention and Prohibition) Act, 2022 and the Cybercrime Act, 2015, supported by constitutional provisions and international commitments. Strategies combine military operations, law enforcement, financial intelligence, community engagement, and regional cooperation, but challenges such as weak enforcement, corruption, human rights concerns, and socio‑economic drivers persist. Sustainable success therefore requires strengthening institutions, balancing security with rights, investing in socio‑economic development, and enhancing regional and global partnerships to achieve lasting peace and stability.
Thank you for your kind attention.
[1] Segun Joshua & Felix Chidozie, 2021. “Terrorism in Nigeria,” Advances in African Economic, Social and Political Development, in: Rotimi Ajayi & Joseph Yinka Fashagba (ed.), Nigerian Politics, chapter 0, pages 273-288, Springer.
[2] Ibid
[3] See the case of Jibrin v. F.R.N. (2020) 4 NWLR (Pt. 1714) 315 (P. 337, (b) paras. C-H)
[4] https://lawcarenigeria.com/terrorism-prevention-and-prohibition-act-2022/#google_vignette accessed 16/12/2025
[5] https://historicalnigeria.com/niger-delta-militancy-and-resource-control-struggles-in-nigeria/ access 16/12/2025
[6] https://historicalnigeria.com/niger-delta-militancy-and-resource-control-struggles-in-nigeria/ access 16/12/2025
[7] https://www.cfr.org/boko-haram
[8] Ibid