TITLE:
The Effective Prosecution of the Crime of Terrorism and Terrorism Related Offences in Nigeria: Challenges and Prospects
AUTHORS:
Nasiru Tijani
KEYWORDS:
Terrorism, Terrorism Financing, Money Laundering, Prosecution, Prosecutors
JOURNAL NAME:
Beijing Law Review,
Vol.14 No.1,
March
24,
2023
ABSTRACT: The courts play a crucial role in the fight against terrorism and terrorism financing. Terrorists when arrested are usually brought before a court of law to determine their guilt or innocence, pursuant to section 36 (5), Constitution of the Federal Republic of Nigeria, 1999 (as amended). The section provides that every person who is charged with a criminal offence shall be presumed innocent until he is proved guilty. The Terrorism (Prevention and Prohibition) Act, 2022, created terrorism offences, but is, silent on the mode of prosecution. Against this backdrop is the constitutional safeguard in prosecuting suspects within the confines of the rule of law. The paper seeks to unravel the challenges to effective prosecution of terrorism cases and legal provisions to aid accelerated prosecution of such cases. Why are there low rate of prosecution in Nigeria? The author therefore argues that it is a huge task in the light of prosecutorial duties and challenges in the prosecution of various aspects of terrorism, terrorism financing and related offences such as money laundering in a complex society such as Nigeria. The possibility of trial of terrorist in the International Criminal Court is examined because of the extra territorial nature of terrorism offences. The paper maintains that there are guiding regulations that should assist the prosecutor in the effective prosecution of terrorism offences.