FINDING THE LAW IN TERRORISM AND THE NIGERIAN CHILD

ABSTRACT  

This article explores the present and unfortunate existing circumstances of the Nigerian Child  in direct conflicts with the ongoing insecurity situation. More directly, the article attempts to  compare side by side the effect of terrorism on the children of this country . It is no doubt that  ever since the emergence of the nefarious group known as boko haram in 2002-2003, their  terrorizing activities have in very general and systematic ways dealt wrongfully with the  younger populace. The article also explores the constitutional position of terrorism and the  United Nations declaration on the same topic. But even more importantly, it ask the question,  “ how does the municipal constitution and that of the U.N create a fair compensation and/or  appropriate protection for the more gullible people, in this case, the children. 

Key words : Terrorism, Child protection, Constitution , Nigeria, United Nations and  Justice 

INTRODUCTION 

The early 2000s saw the return of democracy to the country and sadly, an emergence of  terrorism in Nigeria . Whether this two events are related is debatable and is a large topic of  its own . The first of this masquerading killers are the Boko Haram. Shortly after a corollary  of similar core jihadist terror groups were born. These were; Lakurawa, Ansaru, Islamic state  West Africa Province. And these are only the internationally recognized ones. Here is a  startling fact, 4702 have been killed and 3739 have been abducted from January 1st to April  30th 20251 At a certain point about 2600-200 were killed monthly2 as was reported by the  National Security Adviser Nuhu Ribadu . 

To try and quantify the total number of people dead or displaced is almost irrational and very  difficult thing to pull off. This is why for the past decade all that can be done are estimated  figures ranging from tens of thousands in terrifying accelerometer. In 2009 , a report from the  UN stated that a whooping figure of 8000 children had been kidnapped and recruited ( and  used ) by the Boko Haram alone3. These kids are being used in the most inhumane ways and  treated without any dignity for their human rights. Children , males in this case , have on  countless occasions been used as minions and amateur soldiers, they are been given a rifle  and sent to lethal situations, mostly to be used as shields and diversions. And , similarly the young girls are taken as wives and cooks and maids or just as plain sports for the fancies of  these ruthless men or exploit the vulnerable kids4. 

We do not need a sooth seer to show us these atrocities when all we need do is go out of our  houses and switch on the daily news . The topic of rising insecurities and violence is one that  plaques the world but even more so , it has a more established culture in Africa and Nigeria ( our case study ). The most vulnerable people in any country as regards to terror groups are  children. The domestic law does not in specific terms define who a child is but the United  Nations Convention on the Rights of the Child 1989 and the O.A.U charter on the a Rights and Welfare of the child 1991 both of which Nigeria is signatory , has a working definition.  The latter under Article II , a child means every human being below the age of 18 years . Also  under Article I of the U.N Convention a child is every human being below the age of 18 years  unless under the law applicable to the child , majority attained earlier. In this case ,  calculating from the age 0-17 , there are 105 million children in Nigeria. And alarmingly so ,  these young people are however in danger of being victimized. 

THE RIGHTS OF A CHILD UNDER OUR MUNICIPAL LAW 

The grund norm of the Federal Republic of Nigeria spells out the rights of the child in chapter  IV section 33-46. A quick summary of these are ;  

• The right to life ( s. 33 )  
• The right to dignity or human person ( s. 34 ) 
• The right to liberty ( s. 35 )  

These protects the rights of a child as it has entrenched it firmly in the constitution and cannot  be revoked . But before I attempt to make an analysis of the insufficiency of this declaration,  let me show us what the same constitution says about terrorism. 

THE RULE AGAINST TERRORISM  

First off, what is terrorism? 

• International terrorism: violent, criminal acts committed by individuals and/or groups  who are inspired by, or associated with designated terrorist organizations or nations (  state sponsored ). 
• Domestic terrorism: violent, criminal acts committed by individuals and/or groups to  further ideological goals stemming from domestic influences, such as those of a  political, religious, social , racial or environmental nature. 

The terrorism prevention and prohibition Act 2022 , provides a full detail overview on  terrorism and sanctions against it. Part 2 of the act states the prohibition of acts of terrorism;  “ all acts of terrorism and the financing of terrorism are prohibited. (a) a person or body corporate, within or outside Nigeria, who knowingly, directly or indirectly, does , attempts or  threatens to do any act of terrorism…” 

This and some other decrees are established act against terrorism.  

Although these provisions have been set in place it still goes without saying that the activities  of terrorist has not been depressed. They have violated on countless occasions and with every  attack the rights that should and/or is supposed to protect the child from harm, including the  rights to life , liberty and freedom. This nonchalance to the law is greatly threatening to the  rule of law. 

DO THE PROHIBITION AND PREVENTION ACT IN ACTUALITY PROTECT  AGAINST TERRORIST ACTIVITIES AGAINST CHILDREN?  

It goes without saying that the future of every nation is that of the future of their children.  However with the daunting challenges, to say the least , of terrorism in Nigeria, this same  children may have no future. The three hundred school girls abducted in Chibok Secondary  School constitute but a fabric of such barbarous crimes that will later follow5 So how them do we protect our children from this savagery that is out to ruin them and take  the future that they rightly deserve? One would think that the answer would be in the  constitution but , that same constitution is quite vague about the whole issue and the state of  children against this menace . The earlier quoted Prohibition and Prevention Act on Terrorism  2022 , provides sanctions and various security measures in curbing terrorist activities but not  anything specific on the ways to protect the vulnerable and to shield them against  kidnappings and recruitment and against rape and force marriage and against plain brutalist  rule. This lack of clarity on the part of the Constitution and the legislature has left the state  vulnerable to abuse. How do you seek redress and compensation for an act committed to your  children by terrorist? How do you prevent the act in the first place? How does the state  protect the children from terrorist? What do you do when attacked? All these are questions  that the law needs to address and yet they have been asked repeatedly for two decades now  and yet the answer has never come out. 

THE IDEA OF RESTITUTION AND PROTECTION  

The law and constitutional amendments are capable of protecting the children from all forms  and activities of terrorism, it only need to be done. Mere discipline and education are not  enough to prevent this occurrence. The legislature must come together and devise means to  protect the children from this exploitation and abuse in the hands of extremist. 

• The first is to isolate and insulate the children from this toxic environment.
• Increase the number of security in parks , schools and hospitals. And in places that  children frequent most. 
• Move schools out of slums to more secure places across the state . 
• Next would be to establish a tailored disaster response program that will minimize  the impact of health and mental stress on children. 

The international court in 2005, in the case of prosecutor v Joseph Kany and others, the  leader of the lords resistance army was charged with 21 counts of war crimes, including  forced enlisting of children. The African union as well as various government has officially  designated the lords resistance army as a terrorist group. 

In the first international court trial , the prosecutor v Thomas Lubanga Dyilo, Mr Lubanga was found guilty on charges of enlisting and conscripting children under the age of 15 and  sentenced to 14 years of imprisonment. Ongoing proceedings before the international  criminal court are to determine the lost adequate reparations for the children recruited by Mr  Lubanga armed group. 

In 2015 , the international criminal court prosecutor was considering charging Boko haram  leaders with counts of war crimes, including recruitment and use of children under the age of  15 years to participate in hostilities. The case is currently at the preliminary examination  stage.6 

These cases help to establish the fact that child welfare is of maximum importance and that  the violation of a child’s rights are punishable even if done by terrorist. This is of great  interest as it helps explain to the common people that not even the terrorist have any  immunity from justice. But as we have established earlier . It is not in the sanctions that are  pressing but more so on the ways of preventing this so called war crimes from taking place .  Give us not a vaccine but an antidote for this ailment.  

And a lot more can be done to protect and curb the effects of this terrifying monstrosity.

CONCLUSION  

We are at an impasse . Somewhere, somehow we have lost way more years than we had  gained after independence. And this is accentuated by the looming and active militancy of  terrorist groups. If the state does not take drastic measures, our children will be immensely  harmed and impacted in ways that will ruin the future of our children. We cannot control  death but we can escape the cruel blow served by terrorism. And the law has a colossal  impact on this. 

And the same way that we can lose our democracy through military interference, terrorism  can also steal our money, house and children. The children are the con webs that tie every  part of the society together . Their minds are also quite vulnerable to deception. This makes  them an easy target to terrorist. In the past decade , bandits and terrorist have attacked schools  , kidnapping and killing young children at random , this unholy situation plunged the country  into chaos, a dark apprehensive mood with panicking parents and frightened children. We do  not need that , not in the global stage nor on the domestic sphere. 

Any and all government that can successfully safe guard the lives and freedom of the younger  generations and its youth has the power to control its success and safe its legacy for posterity. 

BIBLIOGRAPHY  

1. The Nigerian judicial review vol.13 (2015) 
2. Damilola S. Olawuyi, Terrorism armed robbery and the Nigerian child : legal  framework for child rights enforcement in Nigeria. The NJR vol. 13 page 11 ( 2015) 
3. International criminal court, office of the prosecutor , report on the preliminary  examination activities 2015, para. 203. 
4. International criminal court, office of the prosecutor , report on the preliminary  examination activities 2015, para. 203. 
5. Handbook on children and exploited by terrorist and violent extremism groups. The  roles of the justice system, UN , Vienna 2017 
6. https://www.unodc.org/documents/justice-and 
7. https://nigsac.gov.ng/assets/lawsdoc/terrorism%20prevention%20publication.pdf
8. https://www.brookings.edu/wp-content/u

1 Dr. Kabir Adamu, Beacon Security and intelligence ltd 53 Tinde 652-23(2024) 

2 Nuhu Ribadu, punch news paper.( Jan 7, 2026, 11:43am ), https://pumchng.com/terrorism-telated-deaths dropped-from-2600-to-200-monthly-nsa/ 

3 Report of the secretary-general on children and armed conflict in Nigeria(S/2017/304), paras 29 and 30

4 Mia Bloom, John Horgan and Charlie Winter, “ Depiction of children and youth in the Islamic states martyrdom propaganda 2015-2016”, CTC sentinel( February 2016 )

5< http//bbcnews.com/news/world-africa-27101714>access January 11 2026

6 International criminal court, office of the prosecutor , report on the preliminary examination activities 2015,  para. 203.