RIGHT TO FAIR HEARING: A REFLECTION ON THE PROCEDURE FOR PROSCRIPTION OF TERRORIST ORGANISATION UNDER THE TERRORISM PREVENTION ACT, 2011 (AS AMENDED)

For about a decade now, Nigeria has suffered sustained attacks. by terrorist organizations such as the Boko Haram in the North East, and IPOB in the South East. These attacks have led to huge loss of lives, properties and infrastructural facilities such as Schools, Hospitals, Electricity, roads etc. particularly in the North East where Boko Haram operates. The Nigerian Government has put measures to end such terrorist attacks, and one of such measures is the promulgation of Terrorism Prevention Act, 2011 which was later amended in 2013. Although the Terrorism Prevention Act provides measures to fight terrorism, it adopted procedure for proscribing a group as terrorist organization which negates the principle of right to fair hearing. The aim of this paper is to analyze the constitutional provisions that guarantee right to fair hearing in Nigeria, and the procedure for proscribing a group as terrorist organization in Nigeria. The paper specifically analyze these questions: What is the constitutional provision in Nigeria that guarantees the right to fair hearing and the limitation thereof? What is the legal instrument that regulates the fight against terrorism in Nigeria? What is the procedure for proscribing a group as terrorist organization in Nigeria? Is the procedure in accord with the right to fair hearing? The paper found that first the Constitution of Nigeria guarantees the right to fair hearingalong with other rights, but places no limitation to right to fairhearing in whatever circumstances. Second, TerrorismProtection Act is the legal instrument that regulates the fightagainst terrorism in Nigeria. Third, the Terrorism ProtectionAct provides for procedure for proscribing a group as terroristorganization that negates the right to fair hearing. The papertherefore, recommends that the Terrorism Prevention Act beamended to make proscription of a group as terrorist in tandemwith right to fair hearing, or if national interest worthderogation from the right to fair hearing, the provisions ofsection 45 of the Constitution be amended to make a right tofair hearing among the rights to be derogated from in thenational interest.