Abstract
Nigeria is facing a serious and complex security crisis marked by banditry, kidnapping for ransom, mass killings, terrorist attacks, and communal violence. These acts are carried out by ideological insurgents and organized criminal groups, including armed Fulani herdsmen militias. Although, Nigerian law criminalizes these acts, their scope, frequency, and systematic nature call into question their classification as international crimes, specifically crimes against humanity under Article 7 of the Rome Statute of the International Criminal Court (ICC).
This article analyzes Nigeria’s insecurity crisis by examining it through both domestic criminal law and international criminal law perspectives. It examines constitutional provisions, statutory criminal laws, and enforcement mechanisms within Nigerian law, alongside international human rights standards, humanitarian law, and ICC case law. Based on documented incidents of mass killings, kidnappings, and terror campaigns throughout Nigeria, the article contends that the organized and cumulative nature of these actions meets the legal criteria for crimes against humanity, particularly in cases where domestic enforcement mechanisms have failed to deliver results.
The article proposes legal and institutional reforms and emphasizes the importance of international accountability mechanisms in combating impunity.
1.0 Introduction
In the twenty-first century, Nigeria’s security environment has been greatly impacted by the rise of various armed non-state groups. These include Islamist insurgents, armed bandits, kidnapping syndicates, cult and criminal gangs, separatist militias, and armed Fulani herdsmen factions. These actors have caused widespread civilian casualties, carried out mass abductions, destroyed property, and displaced large numbers of people within the country.[1]
Armed bandit groups in the northwest, Islamist terrorist organizations in the northeast, and Fulani herdsmen militias carrying out violent attacks on farming communities in the north-central region remain among the most persistent sources of insecurity. These groups often attack villages, schools, markets, places of worship, and transportation routes, intentionally targeting civilians with violence.[2]
The Nigerian Constitution protects the right to life and respects every person’s dignity. It says the main job of the government is to keep people safe and take care of their well-being.[3] Nigerian criminal laws clearly make murder, kidnapping, terrorism, and armed robbery crimes. These laws include the Criminal Code, Penal Code, Terrorism (Prevention) Act 2011, Robbery and Firearms (Special Provisions) Act, and the Administration of Criminal Justice Act (ACJA) 2015.[4] Even though there are laws in place, they are not enforced well. This means many people don’t face consequences for breaking them.
Nigeria’s insecurity crisis is important to international law because civilians are being targeted repeatedly. This kind of attack on ordinary people is considered a crime against humanity under international law. This article investigates whether Nigeria’s security problems go beyond regular crime and involve international legal issues.
2.0 Unlawful Killings, Kidnapping, and Terrorist Violence by Non-State Armed Groups in Nigeria
2.1 Islamist Terrorist Groups
Since 2009, Boko Haram, ISWAP, and Ansaru have conducted ongoing violent campaigns, including mass killings, suicide bombings, abductions, and the destruction of civilian infrastructure, primarily targeting Borno, Yobe, and Adamawa States.[5] The Gamboru Ngala massacre in May 2014, which claimed the lives of over 300 civilians, and the Koshebe rice farmers massacre in November 2020, where at least 110 civilians were killed, demonstrate intentional attacks targeting civilian populations.[6] These acts qualify as terrorism and murder under Nigerian law and fulfill the criteria for crimes against humanity outlined in Article 7 of the Rome Statute, given their widespread and systematic nature.[7]
2.2 Armed Banditry in North-West Nigeria
Armed bandit groups in Zamfara, Katsina, Kaduna, Sokoto, and Niger States conduct mass kidnappings, raid villages, steal cattle, and carry out killings to demand ransom and assert control over territories.[8] The February 2021 kidnapping of 279 schoolgirls in Jangebe, along with reports of more than 490 civilians abducted within two weeks in late 2025, emphasize the magnitude of this ongoing violence.[9]
These actions constitute culpable homicide, kidnapping, and armed robbery under Nigerian criminal law. Taken together, they reveal a clear pattern of widespread attacks targeting civilians.
2.3 Fulani Herdsmen Banditry and Unlawful Killings
Armed Fulani herdsmen militias have greatly undermined security in Benue, Plateau, Nasarawa, Kaduna, and Taraba States. They carry out coordinated attacks on farming communities, burning villages, destroying farmlands, kidnapping residents, and committing unlawful killings.[10]
In May 2025, attacks in Benue State claimed the lives of at least 42 civilians, including women and children.[11] These acts violate Nigerian law as murder, arson, kidnapping, and terrorism, demonstrating a deliberate and coordinated pattern of violence targeting civilian populations.
2.4 Kidnapping Networks and Organised Criminal Gangs
Kidnapping has escalated into a widespread criminal activity targeting students, clergy, business professionals, travelers, and public officials.[12] In November 2025, over 300 students and teachers were abducted from a Catholic school in Niger State. Similar incidents, including the killing of school officials, emphasize the severity and widespread nature of these violent crimes.[13]
Mass kidnappings qualify as “other inhumane acts” under crimes against humanity when they occur as part of a widespread or systematic attack.[14]
2.5 Farmer–Herder Violence and Separatist Armed Groups
Clashes between farmers and herders in the north-central region, along with separatist violence in the south-east, emphasize the complexity of Nigeria’s security challenges. While some may interpret these incidents as communal or political conflicts, Nigerian criminal law does not justify unlawful killings or property damage on such grounds.[15]
2.6 State Responsibility, Failure of Prosecution, and the Principle of Complementarity
International law requires States to actively protect individuals within their borders from violations committed by non-state actors.[16] Nigeria’s failure to prevent, investigate, and prosecute mass killings and kidnappings violates its obligations under international human rights law.
The Nigerian Constitution designates security and welfare as the government’s primary responsibilities. However, ongoing shortcomings in enforcement, investigation, and prosecution reveal persistent widespread weaknesses.[17] International human rights law holds that failing to investigate and prosecute serious violations constitutes a separate breach of international obligations.[18]
Nigeria is a State Party to the Rome Statute. Under the principle of complementarity, the ICC can exercise jurisdiction if a State is genuinely unwilling or unable to prosecute crimes within its own jurisdiction.[19] The ongoing impunity for mass atrocities in Nigeria emphasizes the critical need for effective international criminal accountability mechanisms.
3.0 Conclusion
Nigeria’s insecurity crisis characterized by banditry, kidnapping, terrorism, violence involving Fulani herdsmen, and widespread unlawful killings goes beyond typical criminal activity. The repeated, organized, and systematic nature of these acts reveals patterns that may constitute crimes against humanity under international criminal law.
Nigerian law establishes a comprehensive framework for criminal accountability; however, weak enforcement and widespread impunity have compromised the pursuit of justice. When the State fails to protect civilians and hold offenders accountable, international criminal accountability can intervene under the principle of complementarity.
Achieving lasting peace and security in Nigeria depends on enforcing criminal laws effectively, ensuring legal accountability, respecting human rights, and upholding the rule of law. Ensuring justice for victims and holding perpetrators accountable are important steps to rebuild public trust and uphold Nigeria’s commitments under both national and international law.
4.0 Recommendations
Nigeria must enhance the enforcement of criminal laws addressing murder, kidnapping, terrorism, and illegal firearm possession. Establishing specialized investigative and prosecutorial units will improve the response to crimes related to insecurity.
Establishing specialized courts or dedicated judicial divisions for terrorism and mass atrocity crimes will enhance both efficiency and accountability. Addressing violence linked to Fulani herdsmen requires impartial law enforcement, disarming armed militias, and prosecuting offenders without ethnic or political bias.
Victims of unlawful killings and kidnappings deserve protection, compensation, and psychosocial support. Nigeria should also enhance collaboration with international and regional organizations, such as the ICC, ECOWAS, and the African Union, especially when domestic remedies fall short.
ABOUT AUTHOR
AWOMOLO TAIWO GIDEON, B.L (Hons) Nigerian Law School, LL.B (Hons) Osun State University, Osun, Nigeria Email Address: [email protected], +2348140201625.
REFRENCES
[1] West Africa Network for Peacebuilding (WANEP), Situation Report, March 2025.
[2] Amnesty International, Nigeria: Killing at Will, Amnesty International Publications, 2020.
[3] Constitution of the Federal Republic of Nigeria, 1999 (as amended), section 14(2)(b).
[4] Criminal Code Act, Cap C38, Laws of the Federation of Nigeria 2004; Penal Code Act, Cap P3, Laws of the Federation of Nigeria 2004; Administration of Criminal Justice Act, 2015.
[5] Amnesty International, Nigeria: Killing at Will (see footnote 2 above).
[6] ‘Koshebe Massacre’, Wikipedia (online resource).
[7] Rome Statute of the International Criminal Court, 1998, Article 7.
[8] International Crisis Group, Violence in Nigeria’s North West, International Crisis Group Report, 2023.
[9] Punch Newspaper (Nigeria), 1 December 2025.
[10] West Africa Network for Peacebuilding (WANEP), Situation Report (see footnote 1 above).
[11] The Guardian (United Kingdom), 27 May 2025.
[12] Time Magazine, 22 November 2025.
[13] The Washington Post, 18 November 2025.
[14] Rome Statute of the International Criminal Court, 1998 (see footnote 7 above).
[15] Criminal Code Act (see footnote 4 above).
[16] Velásquez Rodríguez v Honduras (1988), Inter-American Court of Human Rights.
[17] Constitution of the Federal Republic of Nigeria, 1999 (as amended) (see footnote 3 above).
[18] McCann v United Kingdom (1995) 21 European Human Rights Reports (EHRR) 97.
[19] Rome Statute of the International Criminal Court, 1998 (see footnote 7 above), Article 17.