In this interview, Senior Advocate of Nigeria, SAN, Terkaa Aondo, speaks on Nigeria’s worsening security situation, legal obstacles to enforcement, state complicity in communal violence, and the urgent need for institutional reforms.

He warns against the dangerous trend of using unconstitutional methods to tackle criminality and calls for a justice-driven, rights-based, and people-oriented security strategy.  By Henry Ojelu

How do you assess the current state of insecurity in Nigeria, especially with the rise of terrorism, banditry, ethnic conflicts, and separatist agitations across different regions?

Nigeria is experiencing a deeply rooted and multifaceted security crisis. Terrorism, banditry, ethnic conflicts, and separatist agitations are not isolated issues — they are all symptoms of a system that has broken down. Citizens across both rural and urban areas live in daily fear of robbery, kidnapping, extrajudicial killings, and land grabs. The psychological toll is immense.

In Nasarawa State, for instance, Tiv communities in Doma, Obi, Awe, and Keana local government areas are under siege. They are being attacked and killed by bandits and herdsmen who aim to displace them from their ancestral lands. These attacks are not random. They are strategic, violent encroachments on people’s heritage and farmlands, and sadly, the response from state authorities has been tepid or, in some cases, complicit.

There is also a broader national context — rising tension linked to political scheming toward 2027. Political actors, often through regional proxies, are stoking agitations, heightening insecurity as a tool of leverage or distraction.

Nigeria’s weak governance structures, systemic corruption, and lack of economic opportunities have created fertile ground for criminal enterprises. Our porous borders allow arms to flow in from conflict zones, increasing the lethality of attacks. This has created a humanitarian crisis, forcing millions into Internally Displaced Persons, IDP, camps, where inadequate facilities and little government attention leave them vulnerable and traumatized.

What legal challenges do security agencies face in effectively combating insecurity, and how can these be addressed through reforms?

Security agencies in Nigeria are fighting with both hands tied behind their backs — not because they lack courage, but because they are constrained by weak legal frameworks, political interference, and public mistrust.

A major legal obstacle is the use of outdated laws that no longer reflect the nature of modern threats. Many of these agencies operate under colonial-era or early post-independence statutes that do not account for cybercrime, transnational terrorism financing, or digital radicalization. Applying these outdated laws in today’s context is ineffective and often counterproductive.

There’s also a lack of legal clarity around emerging threats. For instance, how do we legally classify and prosecute those who fund terrorism via cryptocurrency? Or those who radicalize others on social media platforms? The law is not evolving fast enough to meet these realities.

Another serious problem is human rights violations by some of these agencies. Allegations of extrajudicial killings, arbitrary detentions, torture, and unlawful searches are rampant. These abuses not only violate constitutional and international human rights standards but also undermine legitimate security operations. They make citizens afraid to cooperate with the police or military, which cripples intelligence gathering.

Moreover, there’s widespread impunity. Security officers often bypass due process — failing to obtain warrants, not informing suspects of their rights, and detaining individuals indefinitely without arraignment. Such violations compromise prosecutions in court and erode the rule of law.

We also lack sufficient witness protection. In terrorism and banditry cases, witnesses are often too afraid to testify. Without strong legal and logistical frameworks for their safety, convictions become rare and justice elusive.

To reform this, we must revise and modernize security-related laws. Agencies must be held accountable through independent oversight bodies. Public trust must be rebuilt through community engagement, justice reform, and training in human rights standards. Only when citizens believe in the justice system will they partner with it to combat insecurity.

What role can the judiciary play in ensuring justice and accountability in cases related to terrorism and violent crimes?

The judiciary has a constitutional and moral responsibility to stand as a pillar of justice — especially in times like these. Judges must ensure that suspects, no matter how grave the accusations, receive fair trials in line with Nigeria’s Constitution and international obligations.

Judges must remain impartial and independent, resisting pressure from the executive, the media, or powerful political actors. Justice must be based on law and evidence alone.

We also need better application of laws such as the Terrorism (Prevention and Prohibition) Act, 2022. Judges should understand and apply these laws in a way that upholds accountability while safeguarding fundamental rights.

Sentencing must reflect the severity of crimes, deter future offences, and — where possible — promote rehabilitation. Victims must not be forgotten. Courts should ensure they are compensated or offered some form of closure, whether through restitution or official acknowledgment of their pain.

Furthermore, speedy trials are vital. Justice delayed is justice denied. We need better case management systems, use of plea bargaining (where appropriate), and investment in legal infrastructure to reduce backlogs.

Most importantly, the judiciary must act as a check on executive overreach. Courts should review arrests, detentions, and all security-related actions for legality. When violations occur, the judiciary should be bold enough to declare them unlawful, order compensation, and compel investigations. A judiciary that shirks this duty will only embolden lawlessness and deepen insecurity.

You recently raised the alarm over an alleged plot by the Nasarawa State Government to forcefully take over land belonging to Tiv communities. What’s the current situation?

I prefer not to comment extensively since the matter is already before the High Court of Justice, Nasarawa State, sitting in Obi. The court has issued a preservative order, directing all parties to maintain the status quo pending determination of the matter.

However, I must say this: what is happening in Doma, Obi, Keana, and Awe is not just about land. It is about people’s lives, dignity, and history. Our people are being displaced and killed. The land takeover is being done under the guise of development, but we know there are deeper economic and political interests at play.

We have written several petitions to the President of Nigeria, the National Security Adviser, and relevant security agencies. Yet, attacks continue. I have held numerous town hall meetings, urging my people to remain calm and law-abiding. We are also engaging with security agencies at the local level to prevent further escalation.

One key factor behind the violence is the rush for solid minerals. Chinese interests, working with local elites and some traditional rulers, are mining lithium and other valuable resources without regard for ancestral ownership or environmental impact. The result is a dangerous mixture of economic greed, political ambition, and ethnic suppression. The state must prioritize human lives over mineral wealth. Otherwise, we risk igniting a conflict that could consume the entire region.

How can Nigeria balance security measures with the protection of human rights and civil liberties?

This is a delicate but essential balance. Security cannot come at the expense of freedom. A government that cannot protect its citizens’ rights while ensuring their safety is failing on both counts.

First, we must adhere strictly to the Constitution and international treaties like the African Charter on Human and Peoples’ Rights. Laws guiding use of force must be precise, public, and regularly reviewed.

Second, legislation like the Anti-Torture Act, 2017, and the Administration of Criminal Justice Act, 2015, must be fully enforced. These laws prohibit torture and ensure suspects are arraigned promptly and fairly.

As security operations move into the digital space, our cybercrime laws must be updated with safeguards against abuse. Surveillance must be subject to judicial oversight to prevent mass monitoring of innocent citizens.

Security personnel must receive continuous human rights training. They must know the boundaries of lawful conduct and the consequences of abuse. Institutions like the National Human Rights Commission (NHRC) must be fully empowered to investigate violations and enforce sanctions.

Also, security agencies need better welfare and tools. Poor pay and harsh working conditions fuel corruption and brutality. We must also improve forensic capacity so that evidence — not confessions extracted under torture — drives prosecutions.

Civilian oversight mechanisms and independent complaint bodies must be strengthened. Citizens should be able to report abuses without fear of retaliation.

What legal frameworks or policies do you think need urgent review or introduction to better tackle insecurity in Nigeria?

Many laws are overdue for reform. The Firearms Act, the Armed Forces Act, the National Security Agencies Act, and the Cybercrime Act all need urgent revision.

The Terrorism Act of 2022 is a good step, but it must evolve. We must address issues like cyber-terrorism, terrorism financing, and the rehabilitation of repentant combatants. The legal framework for Operation Safe Corridor, for instance, needs stronger oversight and clearer eligibility criteria to avoid future risks or backlash from affected communities.

The Witness Protection and Management Act of 2022 needs to be properly implemented, especially in remote areas. Without credible protection for witnesses and whistleblowers, convictions will remain elusive.

Our forensic laws also need updating. We need clear protocols for collecting and using digital evidence. A national forensic science agency, properly funded and independent, could improve the quality of prosecutions.

The National Security Strategy last revised in 2019 must be revisited. Agencies must be legally mandated to share intelligence and work together, not compete. Civilian oversight and human security — not just state security — must be prioritized.

Also, the Police Act 2020 laid the groundwork for community policing, but without a dedicated fund and legal backing for traditional leaders’ involvement, it won’t work. State-backed outfits need clear, uniform regulation to prevent abuses and jurisdictional conflicts.

Finally, the Land Use Act of 1978 must be reviewed. It is fueling farmer-herder conflicts. We need legal recognition of customary land rights and frameworks for alternative dispute resolution to resolve land disputes before they escalate.

What advice would you give to lawmakers and security stakeholders to foster a multi-dimensional approach to Nigeria’s insecurity crisis?

They must stop treating insecurity as a problem to be solved solely with guns. Military action is only one part of the solution — and often the least sustainable. We need an integrated approach that combines community participation, economic empowerment, youth employment, justice sector reform, and sincere political inclusion. Lawmakers must make policies that reflect the realities of people in rural villages, not just Abuja boardrooms.

Security stakeholders must build trust — not fear — among the people. Without legitimacy, no security strategy will succeed. And above all, we must remember: you cannot fight lawlessness with lawlessness. Justice remains the most powerful weapon in our arsenal.