AN APPRAISAL OF THE LEGAL FRAMEWORK FOR COMBATING TERRORISM IN NIGERIA

CHAPTER ONE GENERAL INTRODUCTION

1.1.      Background to the Study

On Tuesday 11 September, 2001, four commercial planes were hijacked by terrorists. One hijacked passenger Jet leaving Boston, Massachusetts crashed into the north tower of the World Trade Centre at 8:45am setting the tower on fire. Eighteen minutes later, a second hijacked airline, United Airlines Flight 173 from Boston, crashed into the south tower of the World Trade Centre and exploded: Both airlines caused massive structural damage to the towers. Later that morning both the north and south towers collapsed, plummeting into the streets below. At 9:43am, a third hijacked airliner (American Airlines Flight 93) crashed in Somerset county, Pennsylvania, south east of Pittsburgh¹.The crashing of these hijacked airliners into buildings and on land was the worst terrorists attack in the history of the United States. This led to the loss of nearly 3000 innocent lives and damaged property running into billions of dollars.

The terrorist attacks not only served as a chilling reminder of the dangers inherent in international terrorism but also sent shock waves all around the world. The attacks were unequivocally condemned by States and by international organizations. On 12 September 2001, the United Nations General Assembly passed a resolution condemning the heinous acts which had resulted in loss of lives and collateral destruction². While showing solidarity with the people of the United States, the United Nations called for international cooperation to bring to justice the perpetrators, organizers and sponsors of the crimes committed on 11 September 2001. OnSeptember 12, 2001, the United Nations Security Council also condemned the terrorist acts expressing them as a threat to international peace and security³.

The Council called upon all States to work together urgently to bring to justice the perpetrators of the crime, organizers and sponsors of the terrorist attacks.Further, Resolution 1373 was adopted on 28 September 2001. Under the Resolution, the Security Council required States to adopt and implement the existing international legal instruments on terrorism, and to prevent and suppress the financing and the freezing of funds and financial matters.

It also required that States allow one another assistance for criminal investigations and proceedings relating to the financing or support of terrorist acts⁴. According to the resolution, States are also to prevent the movement of terrorists or their groups by effective border control.The Security Council also determined that States shall intensify and accelerate the exchange of information regarding terrorist actions or movements like traffic in arms and sensitive materials, forged or falsified documents, use of communications and technologies by terrorist groups: and the threat posed by the possession of weapons of mass destruction. In addition, States are required to exchange information and co-operate to prevent and suppress terrorist acts and to take action against perpetrators of such acts.In 2003, the Federal Government of Nigeria in compliance with the United Nations call for urgent and concerted efforts in defeating terrorism, established the Economic and Financial Crime Commission to among other things, suppress the financing and freeze funds meant for terrorism financing. At the time of establishing the EFCC in 2003, Nigeria has not started witnessing terrorism. It was not until 2009 that Nigeria started witnessing terrorism and like an unquenchable fire, continued to ravage the land.

On June 16, 2011, the Nigerian Police Force Headquarters, Abuja was bombed by a group known as „Jama‟atu allus sunna Lildaawati wal Jihad (JALISWAJ),‟ hereinafter referred to as Boko Haram. That of course was the first suicide bombing ever recorded in the history of Nigeria. Following in quick succession was the bombing of the United Nations Building in Abuja on August 26, 2011 also by Boko Haram.

The Executive Director, United Nations Office on Drugs and Crime (UNODC) has this to say: