Security Concerns Delay Terror Suspects Trial

Despite the promise of the Federal Government to commence the trial of people suspected to have been involved in terrorism in early December last year, the date for the commencement of the trial is not known yet.

The delay was due to concerns about the safety of the judges, counsel and witnesses because of the sensitive nature of the cases.

The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, had on November 16, 2023, disclosed that the trial of the suspects would begin two weeks from that date, but there has been no development on the trial since then.

Fagbemi had given the timeline at the opening of the 40th technical commission and plenary meeting of the inter-governmental action group against money laundering in West Africa in Abuja.

The AGF said the government was considering adopting virtual trials to prevent delay.

He had stated, “Efforts are on to resume the trial of those categories of people. And I think, in the next two weeks, it will be a different story. We are conscious of that issue.

“Facilities are being put in place. Apart from the regular physical mode of trial, we are working on ways to ensure that virtual trials can also be conducted.

“The adoption of virtual trials is aimed at preventing delay. The government is not shying away from its responsibility of providing funds for this purpose.”

However, press gathered from officials of the Ministry of Justice on Friday that security issues were delaying the commencement of the trial at the Kainji Prosecution Project Phase IV in Niger State.

A senior official in the Justice Ministry told one of our correspondents on Friday that the cases were being reviewed with respect to the safety of the judges and lawyers.

The official, who spoke on condition of anonymity because he was not authorised to comment on the development, said, “I don’t know if the delay in the commencement of the terror suspects is a strategy or not. The cases have been split. The cases of terrorism financiers have commenced and are being handled in Abuja, while the trial of the main terrorists in Kainji has not commenced.

“It is a sensitive case. It is like the ministry is reviewing what to do. There are so many things involved, including the safety of lawyers and witnesses. It is an issue of national security. The suspects are in custody; it is not that they have escaped through jailbreak.

“There are so many options on the table, and I cannot categorically say which will be adopted until the cases start. We are holding meetings in phases; the final decision will be taken after streamlining all the options.”

Press had reported in July last year that the Federal Government was set to commence the trial of about 2,000 Boko Haram members arrested for participating in terror activities and had lined up eight judges to handle the special trial.

The trial will take place in Kainji under a secure environment provided by a special security outfit, Operation Safe Corridor, with many of the suspects already in detention at the facility.

Top security and ministry sources confided in the paper that the arrangement for the trial of the suspects had been concluded by the Ministry of Justice under the administration of former President Muhammadu Buhari, but some logistic issues frustrated the move.

It was learnt that the ministry wrote to the Nigerian Air Force to airlift the judges and lawyers, who will serve as prosecutors and defence counsel for the suspects, but did not get a positive response, hence the delay in the commencement of the trial.

A top official of the ministry had said, “We have taken steps to try the suspects; you know some people that are due to be transferred to the Operation Safe Corridor. We have written to the air force to assist us with logistics to convey some of the suspects, who are to undergo rehabilitation, from Kainji to the Operation Safe Corridor in Gombe State to free up the detention facility and then we’ve also written to them to make arrangements for the transportation of judges and lawyers in kind.

“We are awaiting the CJ to give us a date (for the commencement of trial). We have written to him (CJ) to inform him to give us a date, something at the convenience of the court; so, we are waiting for a correspondence from him to tell us when it is convenient.”

When asked how many suspects would be transferred to the Operation Safe Corridor, the source said about 1,000.

The source added that about 2,000 persons would face trial for their roles in Boko Haram’s deadly onslaught against fellow citizens and security agents in many parts of the North, especially in the North-East with the group taking over some territories, hoisting its flag and forcefully collecting tributes from farmers before they can go to their farms.

More than 205 persons have been convicted on charges related to their involvement with the militant Islamist group, which began an insurgency in 2009 aimed at creating an Islamic state in the North-East.

The jail terms ranged from three to 60 years, while over 1,500 persons allegedly affiliated with Boko Haram have been released for rehabilitation over the years.

More than 35,000 persons have been killed and two million forced to flee their homes since the insurgency began.

The Solicitor-General of the Federation and Permanent Secretary of the Federal Ministry of Justice, Mrs Beatrice Jedy-Agba, had told journalists in January that the Federal Government would commence the second phase of the prosecution of Boko Haram suspects being held in Kainji, Niger State.

She had stated, “The Federal Government is taking steps to reconfigure the military holding facilities to make it adaptable and conducive for the recommencement of trial. We will start the prosecution by the end of the first quarter of 2023. We are in the process of renovating and, in fact, reconstructing facilities such as the courtrooms and residential areas.

“It is important to ensure that there are enhanced measures put in place. We are utilising military facilities and therefore, they were not built like proper courts.

“The resort to the use of military facilities is to ensure that trials are conducted in a safe and secure environment. There are risks associated with moving such a large number of accused persons at the same time for trial, so this is one critical issue that is of utmost concern.”

In March 2022, a total of 500 ex-Boko Haram terrorists were reportedly released from the De-radicalisation, Rehabilitation and Reintegration Camp in Mallam Sidi, Kwami Local Government Area of Gombe State, after undergoing reformation at the facility.

They were also reportedly given N20,000 grants each after their release into society, but there have been reports of many of them getting involved in criminal activities or going back to the Islamist sect.

In the 2023 budget, the Federal Government allocated N2.4bn for the establishment of two rehabilitation centres for repent members of Boko Haram and other terrorist groups.

In the 2024 budget, the Federal Government proposed N210.6m for the prosecution of Boko Haram cases, a significant reduction in the allocations in the two previous years for prosecuting suspected terrorists despite a backlog of terrorism cases.

In 2022 and 2023, the government voted N500m each for the prosecution of suspected members of the terrorist group.

Commenting on the non-commencement of the trial, human rights lawyer, Inibehe Effiong, said, “I know that the Buhari regime didn’t have the political will to fight terrorism. There was a clear understanding that the immediate past government had sympathy for terrorists, which is based on its actions and inactions.

“Given the damage that terrorism has done to the country, the trial of terror suspects should be expedited in line with the Terrorism Prevention Act and the Administration of Criminal Justice Act. That will go a long way to deter further acts of terror and portray the government as interested in securing the country.

“So, it is important for the judiciary on its part to also ensure that the machinery that has been put in place for the trial of the Boko Haram suspects is effective and smooth and that the needed resources are provided for that to be done and the Federal Ministry of Justice must also take this seriously and I hope that the current attorney-general of the federation will take necessary action in this regards.”

The Executive Director of Human Rights & Justice Group International, Prince Nze, said, “As long as we are concerned, the Buhari government is culpable for the escalation of Boko Haram. Don’t forget at a time in this country, Buhari was appointed as the chief negotiator by Boko Haram, which shows that he had a relationship with them.

“The current President should be decisive about terrorism and the military and the security apparatus in states should justify the budgetary allocations to security. I will advise the President to call on the attorney-general of the federation to take over the trial of those suspected Boko Haram members and ensure justice because Nigeria has lost so many lives. If they do this, it will serve as a deterrent to others and cause a reduction in insecurity.”