BALANCING NATIONAL SECURITY AND INDIVIDUAL RIGHTS IN COUNTER TERRORISM: A CALL FOR JUDICIAL REVIEW AND CONSTITUTIONAL SUPREMACY

Abstract

The escalation of terrorism in Nigeria had led the government to adopt extensive counter-terrorism
measures aimed at protecting national security and maintaining public order. However, these
measures had often generated concerns regarding violations of constitutionally guaranteed
fundamental human rights, particularly the rights to liberty, fair hearing, privacy, and freedom of
expression. This paper examined the balance between national security and individual rights in
Nigeria’s counter-terrorism framework, with emphasis on judicial review and constitutional
supremacy. The paper adopted the doctrinal method of research, relying on primary sources such
as the 1999 Constitution of the Federal Republic of Nigeria, as amended, as well as secondary
sources including textbooks and journal articles. The paper found out that challenges such as
prolonged detention without trial, abuse of emergency powers, weak judicial oversight, and broad
discretionary powers of security agencies had undermined constitutional safeguards. It further
revealed that inadequate enforcement of judicial review had weakened the protection of individual
rights. The paper concluded that while national security remained essential, it should have
operated within the limits of constitutional supremacy. The paper recommended amongst others
stronger judicial oversight, strict adherence to constitutional provisions, periodic review of
counter-terrorism laws, and enhanced compliance with international human rights standards in
Nigeria