REVISITING THE PROSCRIPTION OF TERRORISM IN NIGERIA: HOW DOBOKO HARAM AND MOVEMENT FOR THE EMANCIPATION OF NIGER DELTA (MEND) FIT IN?

Abstract

Terrorism is a threat to peace and security all over the world. Nigeria’s security has been prejudiced within the last two decades principally by two major groups: Boko Haram and the Movement for the Emancipation of Niger Delta (MEND) who have been tagged different names by necessary actors in the scene. While the groups may consider themselves as fighting for a particular “lawful” or “moral” objective, the government has responded to them as insurgents and terrorists, overriding whatever speculation may exist as to their nature. The principal legislation dealing with terrorism is the TPA as amended. This Act has proffered a definition of terrorist and has attempted to break down the acts of terrorists. This paper compares the activities of the Boko Haram sect and the Movement for the Emancipation of Niger Delta (MEND) alongside the definition of terrorism provided by the Terrorism (Prevention) Act 2011 as amended (TPA) and render a legal opinion on whether these groups actually qualify as “terrorist”. It concludes that placing organisations such as Boko Haram and MEND into their proper designation is necessary for any proper anti-terrorism approaches-whether legal or military, and for avoidance of a breach of basic international and municipal law norms.