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Between Boko Haram and the Joint Task Force: Assessing the Dilemma of Counter-Terrorism and Human Rights in Northern Nigeria

Published online by Cambridge University Press:  20 March 2015

Isaac Terwase Sampson
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Abstract

This article seeks to examine the paradox of Boko Haram terrorism and Nigeria's counter-terrorism efforts, personified by the Joint Task Force (JTF). While posing the challenge of human rights abuses by the JTF in its counter-Boko Haram operations, the article contends that, whereas the terrorists' activities violate the rights of victims, the JTF's actions have also resulted in significant human rights abuses against innocent civilians. It argues that, despite Nigeria's obligations under the plenitude of international human rights treaties, non-domestication of these treaties by Nigeria has rendered them insignificant. The article therefore recommends alternative approaches to this challenge. Nigeria should domesticate the catalogue of international human rights instruments to which it has acceded, enact rules of engagement for law enforcement operations by security forces, develop a counter-terrorism strategy that is subject to robust engagement with all stakeholders, and strengthen its existing human rights accountability mechanisms, such as the law courts, legislature and National Human Rights Commission.

Type
Research Article
Information
Journal of African Law , Volume 59 , Issue 1 , April 2015 , pp. 25 - 63
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Copyright
Copyright © SOAS, University of London 2015 

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References

1 OHCHR “Human rights, terrorism and counter-terrorism” (fact sheet no 32, 2008) at 1.

2 On these documents, see among others: “Digest of jurisprudence of the UN and regional organizations on the protection of human rights while countering terrorism”, available at: <http://www.ohchr.org/Documents/Publications/DigestJurisprudenceen.pdf> (last accessed 2 December 2014); and Council of Europe “Guidelines on human rights and the fight against terrorism” (adopted by the Committee of Ministers on 11 July 2002); and OHCHR “Human rights, terrorism”, id.

3 Adopted by GA res 2200A (XXI) of 16 December 1966, available at: <http://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx> (last accessed 2 December 2014).

4 Adopted in 1950; available at: <http://www.echr.coe.int/Documents/Convention_ENG.pdf> (last accessed 2 December 2014).

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6 Adopted 27 June 1981, entered into force 21 October 1986: OAU doc CAB/LEG/67/3 rev 5, available at: <http://www.au.int/en/sites/default/files/banjul_charter.pdf> (last accessed 2 December 2014).

7 UN Global Counter-Terrorism Strategy (2006) (GA res 60/288, annex).

8 On the travails of human rights in counter-terrorism, see generally Bovard, JTerrorism and Tyranny: Trampling on Freedom, Justice and Peace to Rid the World of Evil (2003, Palgrave Macmillan)Google Scholar.

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15 Sampson and Onuoha “‘Forcing the horse to drink’”, above at note 11 at 35.

16 See generally EE Osaghae and RT Suberu “A history of identities, violence, and stability in Nigeria” (2005, Centre for Research on Inequality, Human Security and Ethnicity working paper no 6).

17 See Sampson, TI “Terrorism in Nigeria: Contending perspectives on the necessity for a comprehensive legislation” (2010) 1/1 EBSU Journal of International Law and Juridical Review 41Google Scholar at 42–43; Sampson and Onuoha “‘Forcing the horse to drink’”, above at note 11 at 36–38.

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19 See its analysis in Sampson and Onuoaha “‘Forcing the horse to drink’”, above at note 11 at 45–46.

20 The Penal Code, CAP P 3, Laws of the Federation of Nigeria (LFN) 2004 regulates criminal proceedings in 19 states in northern Nigeria, while the Criminal Code Act, CAP C38 LFN 2004 regulates criminal proceedings in 17 states in southern Nigeria. For a chronicle of acts of terrorism already captured by these laws, see Sampson, TI “Legal framework for the punishment of terrorism in Nigeria: A critique of the EFCC Establishment Act” (2008) 4/3 The Nigerian Army Quarterly Journal 314Google Scholar.

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26 See generally: Aliyu “Religious-based violence”, above at note 21; H Abdu “Boko Haram, political stability and national security in Nigeria” (paper presented to the Defence and Security management course 4, National Defence College, Abuja, on 7 October 2011); and Onuoha, FC “The audacity of the Boko Haram: Background, analysis and emerging trend” (2011) 25 Security Journal 134CrossRefGoogle Scholar, advance online publication (13 June 2011) available at: <http://www.palgrave-journals.com/sj/journal/v25/n2/full/sj201115a.html> (last accessed 2 December 2014).

27 The Salafi doctrine, also known as the Salafi movement or methodology or Salafism, is an Islamic movement which believes in practising Islam the way Prophet Mohammad and his companions did. It takes its name from the term “salaf” [predecessors or ancestors] who, its adherents believe, provide the epitome of Islamic practice. The Ahadith which quotes Muhammad as saying: “The people of my own generation are the best, then those who come after them, and then those of the next generation” provides the movement's legitimising ethos, which enjoins adherents to practise Islam in the manner done by the first three generations: the salaf.

28 Abdu “Boko Haram”, above at note 26 at 5.

29 Aliyu “Religious-based violence”, above at note 21 at 81.

30 Id at 83.

31 FC Onuoha “Boko Haram: Nigeria's extremist Islamic sect” (Al Jazeera Centre for Studies) at 3, available at: <http://studies.aljazeera.net/ResourceGallery/media/Documents/2012/2/29/2012229113341793734BOKO%20HARAM%20NIGERIAS%20EXTREMIST%20ISLAMIC%20SECT.pdf> (last accessed 2 December 2014).

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34 Sepulveda, M et al. Human Right Reference Handbook (2004, University for Peace) at 434–35Google Scholar.

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36 The special rapporteur devoted his entire 2002 report (UN doc A/57/173) to this issue.

37 Sepulveda et al Human Right Reference Handbook, above at note 34 at 434–35.

38 For comprehensive comment on the UN's efforts to halt the regime of human rights violation while countering terrorism, see id at 434–37.

39 See art 15(2) of the Inter-American Convention against Terrorism: AG/RES 1840 (XXXII-O/02), available at: <http://www.oas.org/xxxiiga/english/docs_en/docs_items/AGres1840_02.htm> (last accessed 4 December 2014).

40 Sepulveda et al Human Right Reference Handbook, above at note 34 at 437.

41 Protocol to the OAU Convention on the Prevention and Combating of Terrorism, 1999, art 3(k).

42 Adopted at ACHPR's 37th ordinary session held from 21 November to 5 December 2005 in Banjul, The Gambia.

43 Id, art 1.

44 Above at note 7.

45 Id, art IV (2) and (4).

46 Constitution of the Federal Republic of Nigeria 1999, sec 1.

47 Preamble to the draft NACTEST.

48 The Constitution, sec 305(1)–(3).

49 Sec 305(6)(c) provides inter alia that the proclamation of a state of emergency shall cease six months after it came into force, provided that the NASS may, before the expiry of the period of six months, extend the period to remain in force from time to time for a further period of six months by a resolution passed in like manner. The NASS did not extend the period of the state of emergency, hence the president officially acknowledged its cessation in July 2012.

50 TPA, sec 24.

51 Id, sec 26.

52 Id, secs 12 and 15–17.

53 Id, secs 20–23.

54 Id, secs 25 and 28.

55 OHCHR “Human rights, terrorism”, above at note 1 at 1.

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58 Id at 19–29.

59 Interview on 24 November 2011 with Mr A, an Abuja-based legal practitioner who prefers anonymity (copy on file with the author).

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62 Universal Declaration of Human Rights, art 10, available at: <http://www.un.org/en/documents/udhr/index.shtml> (last accessed 24 November 2014).

63 African Charter, arts 7 and 26.

64 Adopted at the ACHPR's 11th ordinary session in Tunis, Tunisia in 1992, available at: <http://www.achpr.org/sessions/11th/resolutions/4/> (last accessed 22 December 2012).

65 “Principles and guidelines on the right to a fair trial and legal assistance in Africa”, available at: <http://www.afrimap.org/english/images/treaty/ACHPR_Principles&Guidelines_FairTrial.pdf> (last accessed 3 December 2014).

66 Amnesty International Nigeria, above at note 9 at 34.

67 Interview with an Abuja-based lawyer, Mr G, on 14 October 2011.

68 See among others Alemika, E and Chukwuma, IPolice-Community Violence in Nigeria (2000, Centre for Law Enforcement Education, now known as the CLEEN Foundation, and National Human Rights Commission)Google Scholar, available at: <http://www.cleen.org/police-violence.pdf> (last accessed 24 November 2014); Human Rights Watch “Rest in pieces: Police torture and deaths in custody in Nigeria” (2005); Nwankwo, C et al. Human Rights Practices in the Nigerian Police (2000, Constitutional Rights Project)Google Scholar.

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70 See Nigerian prisons statistics, available at: <http://www.prisons.gov.ng/about/statistical-info.php> (last accessed 3 December 2014); and L Baiyewu “Prison: Inmates increase to 53,100” (24 June 2012) Punch, available at: <http://www.punchng.com/news/prison-inmates-increase-to-53100/> (last accessed 3 December 2014).

71 Amnesty International Nigeria, above at note 9 at 40–43.

72 Interview with Abdu, who prefers anonymity, at Abuja on 23 November 2012. Abdu has relocated from Maiduguri to Abuja.

73 GA res 2200A (XXI), 16 December 1966, available at: <http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx> (last accessed 3 December 2014).

74 Amnesty International has also documented several cases of forced evictions and house burning. See Amnesty International Nigeria, above at note 9 at 29–34.

75 This principle is enunciated in Fawehinmi v Abacha (2000) 6 NWLR (pt 660) 228.

76 Inspector General of Police v All Nigeria Peoples Party and Others (2007) 18 NWLR 469 at 500, paras B–C.

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