An Appraisal of the Legal Framework for the Proscription of Terrorist Organizations in a Democracy: The Case of Nigeria

Abstract

In this article, we examine the proscription powers of the government and its use in countering terrorism. Specifically, the study analyzes the normative framework for proscription of terrorist entities. In order to achieve this aim, the study adopts the doctrinal research methodology to deconstruct the concepts of terrorism, terrorist organizations; highlight and discuss proscribed organizations in Nigeria as well as the procedures for proscription and delisting of designated entities; and undertakes a critique of the delisting regime. Four entities: Boko Haram (or Jamāʿat Ahl al-Sunnah li-l-Daʿawah wa al-Jihād) and its faction and later ally, Ansaru (Jamāʿatu Anṣāril Muslimīna fī Bilādis Sūdān; the Indigenous People of Biafra; the Islamic Movement in Nigeria, and finally, the Yan Bindiga Group, Yan Ta’adda Group, and other marauding bands of outlaws, have been designated as terrorist groups under the terrorism legislations. The research is of relevance to security and terrorism studies, and their interplay with democracy, human rights and the rule of law. In addition, the study calls for more research on proscription studies.