| dc.description.abstract | Nigeria’s intensified counter-terrorism operations in recent years have produced notable gains in arrests, prosecutions, and convictions. However, these achievements have been accompanied by a growing and troubling challenge: the prolonged pre-trial detention of thousands of individuals accused of terrorism-related offences. According to the 2025–2030 Strategic Plan of the National Counter-Terrorism Centre (NCTC), approximately 5,000 terrorism suspects are currently held in pre-trial detention across the country, many for extended periods without the conclusion of their trials. This situation raises serious constitutional, humanitarian, and rule-of law concerns under Sections 35 and 36 of the 1999 Constitution (as amended).
While recent efforts by the NCTC, the Defence Headquarters, and the Federal Ministry of Justice have led to improved prosecutorial outcomes, including 329 convictions from 393 cases in 2024 and the release of about 1,200 detainees due to insufficient evidence, the scale of prolonged detention reveals persistent systemic weaknesses within Nigeria’s counter-terrorism justice framework. Investigative delays, prosecutorial bottlenecks, limited judicial capacity, and weak evidence management continue to fuel case backlogs, resulting in extended incarceration of suspects who have not been convicted of any offence.
Unchecked, prolonged pre-trial detention disregards the constitutional right to personal liberty and a fair hearing, strains correctional facilities, exposes detainees to potential human rights abuses, and erodes public confidence in counter-terrorism institutions. It also places Nigeria at risk of violating its international obligations under instruments such as the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights (ICCPR). What was once viewed primarily as a security challenge has therefore evolved into a pressing judicial and human rights issue requiring structured legislative oversight.
Legislative intervention by the National Assembly is essential to restore balance between national security imperatives and constitutional safeguards. The House Committee on Judiciary, in particular, has a constitutional responsibility to ensure effective administration of justice, prevent arbitrary detention, and strengthen judicial accountability. Without deliberate oversight, prolonged detention risks becoming institutionalised, with long-term consequences for the credibility of Nigeria’s justice system and democratic governance.
The National Assembly is kindly urged to:
1. Convene targeted oversight hearings involving key justice, security, and human rights institutions to interrogate the causes of prolonged pre-trial detention and produce enforceable recommendations to clear case backlogs.
2. Institute a mandatory biannual reporting framework on terrorism prosecutions, detention durations, and case outcomes to enable continuous legislative monitoring and evidence-based intervention.
3. Review and amend relevant terrorism and procedural laws to clarify permissible limits on pre-trial detention and strengthen judicial oversight over detention extensions. 4. Advocate dedicated funding and capacity-building measures for terrorism prosecutions, including specialised courts, judicial personnel, and digital case management systems linked to measurable reductions in backlog and detention periods.
Addressing the backlog of terrorism trials is critical not only to improving counter-terrorism effectiveness but also to safeguarding constitutional rights and Nigeria’s international standing. Proactive legislative engagement in 2026 and beyond will strengthen national security, uphold the rule of law, and reaffirm Nigeria’s commitment to justice, accountability, and human dignity. | en_US |
