Building Capacity of Nigerian Judicial Sector to Prosecute Terrorism and Atrocity Cases

Nigeria is ranked 8th most impacted country by terrorism globally according to the 2023 Global Terrorism index. Groups like ISIS West Africa (ISIS-WA) and Boko Haram have committed horrendous atrocities like massacres and mass killings, use of sexual violence and enslavement, suicide bombings, abductions, and forced conscription. These atrocities, especially in Nigeria's northern region, have caused widespread fear among citizens, worsened a humanitarian crisis, and increased gross violations of human rights. To hold the perpetrators of these atrocities accountable, Nigeria's Federal Ministry of Justice has assigned the prosecution of terrorism and atrocities cases to the ministry's Complex Case Group. Furthermore, the Federal High Court of Nigeria, which has jurisdiction over terrorism cases, has assigned a number of judges to adjudicate these cases. Nigeria's Legal Aid Council (LACON) also provides defense to the persons charged with committing atrocities. In addition to these, the National Human Rights Commission is tasked with the responsibility of promoting and protecting human rights and the investigation of human rights violations.

Thousands of terrorism cases in Nigeria remain backlogged. The backlog results from prosecutors' and judges' limited knowledge of prosecuting atrocities cases. Existing cases languish because of institutional administrative problems, including Nigerian judges transcribing court proceedings by hand, resulting in delays and errors. Lawyers at the Legal Aid Council also have limited specialized training which contributes to delays in the process and lack of proper defense for suspects. Detainees are kept in government detention facilities located at significant distances from the government officials responsible for the prosecution, defense and judgements, creating significant logistical challenges. Poor case management, disorganized court administration, and a lack of coordination between the Complex Case Group, Federal High Court, and the Joint Investigative Center (the unit responsible for investigating terrorism cases comprised of military, police and state security service investigators) further impede progress on atrocity cases.