SAFEGUARDING THE NATION, UPHOLDING THE CONSTITUTION: A COMPREHENSIVE ANALYSIS OF NIGERIA'S COUNTER-TERRORISM FRAMEWORK AND ITS HUMAN RIGHTS CONSIDERATIONS

Abstract

The persistent and devastating threat of terrorism, most notably from the Boko Haram insurgency, has presented the Nigerian state with one of its most formidable national security challenges since the civil war. This comprehensive paper provides a detailed analysis of the intricate constitutional and legislative landscape that defines Nigeria's robust and multifaceted response to this threat. It explores the complex and often misunderstood balance between the government's paramount constitutional duty to guarantee the security and welfare of the people and its equally sacred obligation to protect the fundamental human rights enshrined in Chapter IV of the 1999 Constitution of the Federal Republic of Nigeria (CFRN). The paper meticulously examines the deliberate and thoughtful architecture of the Terrorism (Prevention) Act (TPA) 2011 (as amended), highlighting its provisions as necessary tools in a modern fight against an unconventional enemy. It further details the proactive, courageous, and comprehensive measures undertaken by the Nigerian government, including the strategic declaration of a state of emergency, the formation of the Multi-National Joint Task Force (MNJTF), and the pioneering establishment of the Committee on Dialogue and Reconciliation. While acknowledging the profound operational difficulties inherent in combating asymmetric warfare waged by actors who flout all international norms, this paper emphasizes the Federal Government's unwavering and publicly stated commitment to conducting its operations within a framework of national and international law. The conclusion affirms that Nigeria's ongoing, dynamic process of refining this critical balance is a testament to the nation's resilience, its enduring commitment to democratic values, and the government's determined leadership in the face of unprecedented adversity.