The Federal Government has appointed eight judges to preside over the special trial for the roughly 2,000 Boko Haram militants who were detained for taking part in terrorist activities.
The trial will take place in Kainji, Niger State, in a setting that is secure thanks to Operation Safe Corridor, a special security group that has many of the accused already detained there.
Top security and ministry sources confirmed to Saturday PUNCH that the Ministry of Justice had finalized the plans for the suspects’ trials during the term of former President Muhammadu Buhari, but that the process had been hampered by some logistical problems.
It was discovered that the ministry attempted to airlift the judges and attorneys who would act as the prosecution’s and the defendants’ defense counsel by writing to the Nigerian Air Force but received no answer, which caused the trial to be delayed.
“We have taken steps to try the suspects; you know some people that are set to be sent to the Operation Safe Corridor,” a top ministry official disclosed to one of our correspondents. In order to free up space at the detention facility, we have written to the air force asking for logistical help in moving some of the suspects who will be undergoing rehabilitation from Kainji to the Operation Safe Corridor in Gombe State. We have also asked them to arrange for the transportation of judges and attorneys in kind.
“We’re waiting for the CJ to give us a start date for the trial. We have written to the Chief Justice (CJ) asking him to provide us with a date, something that would work for the court. We are now awaiting his response to let us know when it will work.
The source estimated that 1,000 suspects would be moved to the Operation Safe Corridor in response to the question.
According to the source, about 2,000 people will go on trial for their roles in Boko Haram’s deadly campaign against fellow citizens and security personnel throughout the North, particularly in the North-East where the group has taken over some areas, raised its flag, and forced farmers to pay tributes before they can go to their farms.
When asked if there was a timetable for the suspects’ prosecution, the insider responded, “No, there isn’t one. We generally stagger the trial since the judges who will be hearing these cases will also be hearing their regular cases, as you are aware. Everyone will return to their offices, complete a few tasks, and then leave after our two-week trip.
“The trial will move quickly, but I wouldn’t say that we have a deadline in mind. Once we get going, we’ll be able to guarantee that we’ll be able to finish all the cases in a specific amount of time. I am unable to say at this time.
Because “the insurgency is ongoing, as they arrest (additional suspects) at the frontline, we will profile them and take them (for trial) unless the insurgency stops,” the source continued, more suspects “may stand prosecution.”
The insider said regarding the judges, “I believe the CJ has appointed eight judges to preside over the trial, but I’m not sure if all eight will sit at the same time.
“The judges on the ground already have ongoing cases they are trying, therefore it is not possible to have dedicated judges only for the trial of the Boko Haram suspects until we hire new judges. If they are criminal cases, taking them away and telling them to go handle terrorism cases means that all of those cases would reopen, so you will be removed from here and given to that place while taking away from the other area.
“It implies that the ordinary cases would suffer, but I believe it is okay because of the arrangement; even the prosecutors will feel it more; if we shift the 20 lawyers to Kainji, the department will suffer and remain vacant. Since the ordinary courts take adjournments, if you travel there for two or three weeks and then return, we may attend to our job here and continue with our current activities.
A 2009 insurrection that intended to establish an Islamic state in the North-East resulted in the conviction of more than 205 people on charges connected to their membership in the militant Islamist organisation.
Over 1,500 people who were reportedly linked with Boko Haram have been freed for rehabilitation over the years, with prison sentences ranging from three to sixty years.
Since the start of the insurgency, more than 35,000 people have died and two million have had to leave their homes.
The Federal Government would begin the second phase of the prosecution of Boko Haram suspects being imprisoned in Kainji, Niger State, according to statements made to journalists in January by Mrs. Beatrice Jedy-Agba, the Solicitor-General of the Federation and Permanent Secretary of the Federal Ministry of Justice.
The Federal Government is taking steps to reorganize the military detention facilities to make them adaptable and suitable to the restart of trial, the speaker said. At the latest by the end of the first quarter of 2023, we will begin the prosecution. Facilities including the courtrooms and residential areas are currently undergoing renovations—in certain cases, complete reconstruction.
“It is crucial to make sure that further safeguards are put in place. Because we are using military facilities, they were not constructed to be appropriate courts.
“The use of military facilities is a last resort to guarantee that trials take place in a secure setting. This is one crucial matter that is of the utmost concern because there are risks involved in transporting so many accused people for trial at once.
Amnesty for insurgents
In the meantime, due to the program’s significant financial expenditures, President Bola Tinubu may halt the De-radicalization, Rehabilitation, and Reintegration Program for penitent Boko Haram insurgents.
According to information obtained, the Federal Government may stop the amnesty program, which has cost several billion naira and is primarily focused on bolstering military operations in the North-East to put an end to the insurgency as soon as feasible.
The military authorities are preparing to move another 1,000 terrorists from a jail facility in Kainji, Niger State, to a rehabilitation facility in Gombe State at the same time.
General Godwin Irabor, the outgoing Chief of Defence Staff, revealed in January that more than 83,000 rebels had turned themselves in to the Nigerian Army via the Operation Safe Corridor initiative.
Irabor revealed the information during the sixth Operation Safe Corridor stakeholders meeting in Abuja.
The ex-CDS claimed, through Maj.-Gen Adeyemi Yekini, Chief of Defence Training and Operations, that the OPSC was handling the de-radicalization and rehabilitation of 613 individuals.
Following their release into society, they reportedly received grants of N20,000 each, however there have been rumors of several of them engaging in criminal activity or returning to the Islamist group.
In order to give willing and repentant terrorists a chance to lay down their weapons and participate in a formal de-radicalization, rehabilitation, and reintegration program, Buhari formed the OPSC in September 2015.
As part of a long-term, non-kinetic plan to reduce militant activity in the North-East, the OPSC accepts voluntarily defectors from various Boko Haram factions.
The program was developed after it became clear that the Nigerian military, which has been fighting Boko Haram since 2009, could not defeat the insurgency with only physical force.
The initiative has faced a number of obstacles, though, including an influx of several people fleeing Boko Haram areas who were mistakenly classified as terrorists, which clogged the system and discouraged contributors.
Many Nigerians believe the insurgents should be brought to justice for the crimes they perpetrated rather than being rehabilitated.
However, a high-ranking official privately stated that Tinubu “is not likely to continue with the amnesty for rebels,” citing the enormous financial burden and the fact that numerous rehabilitated insurgents had rejoined the fighting.
The federal government set aside N2.4 billion in the 2023 budget to build two centers for Boko Haram and other terrorist organizations’ repentant members.
This is one of the capital projects of the NCTC for 2023, according to a presentation made by the Coordinator of the National Counter Terrorism Centre, Rear Admiral Yem Musa (retd. ), before the House of Representatives Committee on National Security and Intelligence last December.
The centers will cost a total of N2.4 billion out of the capital expenditure of N3.839 billion.
However, in response to inquiries about the program’s future, a dependable source within the Presidency stated, “The President may not want to toe that line. Rehabilitating remorseful terrorists has already required a lot of work. Additionally, maintenance costs are high. He might decide not to go on.
Dele Alake, the president’s media aide, did not respond to requests for comment, so he could not be reached for any information.
Experts in security speak
Chidi Omeje, a security expert, advised the President to modify the amnesty program rather than end it.
Amnesty is one of the non-kinetic methods of taming insurrection, he continued, adding that kinetic tactics alone could not win the conflict.
Omeje stated, “I believe the President has to delay because of the benefits of granting amnesty, which include encouraging others to turn themselves in and it has discouraged grouping insurgents with certain individuals who were recruited into terrorism.
“There are also some people who have found their way back after being released into society, so I’m sure he has good intentions. However, we should consider the bigger picture and ways to persuade more people to give up. Reform, in my opinion, will assist the program achieve its full potential rather than put an end to it.
Oladele Fajana, a security expert, disagreed with calls for the program to continue, stating that “We should stop fostering criminality in the country. I don’t believe in paying criminals to put down their weapons or doing other similar things.
What about people who avoided crime but had family members murdered by terrorists? Aside from that, how long do you want to keep giving them free money? We shouldn’t make the surrendering people, many of whom were coerced into joining the sect, live better than the victims, some of whom are still battling for survival.
A top attorney, Emeka Etiaba, SAN, stated the number of judges was insufficient when discussing the prosecution of 2,000 detained rebels, adding that the ongoing cases “in the dockets of the allocated judges will suffer.”
He did point out that the judges’ burden would be eased if the accused were tried in groups.
“It (the judge count) can’t be enough. The crucial factor is that something would have begun. Many of the 2,000 Boko Haram suspects may be tried in batches, so if 100 people are charged simultaneously, it counts as one case, said Etiaba.
Ifedayo Adedipe, a prominent attorney, noted that in some situations, criminal cases were relatively simpler to prove and suggested that the use of technology could speed up the prosecution of terror cases.
“For the Boko Haram suspects they have apprehended in the wake of carrying out this atrocity, the on will shift to them to explain where they obtained their weapons from and why they are acting the way they are,” he continued.
“These days, it’s not by long hands; if you use technology, they’ll finish the cases in record time. We send our best wishes to the Federal Government.
Olalekan Ojo, a security specialist, claimed that eight judges would be sufficient to try the militants and pointed out that because their offences were all similar, verdicts could be rendered concurrently.
“They all engaged in the same crime of using force against the nation. It is possible to bring 50 of them before the court at once in this situation. Therefore, each of them (judges) can imprison 50 people in just one to three weeks, he claimed.
However, Ojo expressed skepticism about the scheduled trial, pointing out that the insurgents still had supporters on the political and religious right.
“Are we truly certain that they’ll bring charges against these people? These are the same people that received some sort of amnesty, so I have my doubts. Are all those with political and religious affiliations already buried? They are not dead, he proclaimed.
Security analyst Patrick Agbambu said of the idea, “What is unknown is whether the eight judges will constitute the jury or whether each judge would preside over a court session. There should be a little more detail about that. However, generally speaking, it’s a positive development, and Nigerians are anticipating the accused’ fast trial.
