A legal practitioner advocating for human rights, Maxwell Opara, has initiated legal action against the Nigerian government and the army, aiming to cease the programme that allows repentant insurgents to rejoin Nigerian society.
The lawsuit was lodged on April 23 at the Federal High Court in Abuja.
The respondents named in the suit include the Nigerian Army as the first respondent, the Attorney-General of the Federation, Lateef Fagbemi, as the second, and President Bola Tinubu as the third.
Mr. Opara is also requesting a mandatory court order that would compel the Attorney-General of the Federation to commence and prosecute over 700 repentant Boko Haram insurgents.
His legal challenge contends that the reintegration of these individuals into society without prior criminal prosecution, judicial conviction, or sentencing is contrary to Nigerian law, including the Terrorism (Prevention and Prohibition) Act, 2022, and the Administration of Criminal Justice Act (ACJA), 2015.
The lawyer has posed seven key questions for the court's determination. He questions whether the reintegration process, which proceeds without a judicial determination of guilt for alleged terrorism, murder, kidnapping, and other severe offenses, infringes upon the rights of Nigerian citizens to life, human dignity, and personal liberty, as enshrined in Sections 33, 34, and 35 of the Nigerian Constitution.
This legal move follows the federal government's announcement on April 17 in Gombe State regarding the successful graduation of 744 ex-insurgents and victims of violent extremism from the Operation Safe Corridor deradicalisation programme.
According to military officials, these participants underwent rehabilitation, vocational training, counselling, and ideological reorientation, preparing them for a return to civilian life after their surrender.
General Olufemi Oluyede, the Chief of Defence Staff, stated that the programme is an integral part of Nigeria's non-kinetic approach to counter-insurgency, designed to reduce insecurity by disengaging participants from extremist ideologies and facilitating their reintegration.
However, the graduation ceremony has sparked considerable debate, with proponents viewing it as a necessary step towards peacebuilding, while critics raise concerns about justice and reconciliation in regions affected by the conflict.
Within his suit, Mr. Opara is seeking an order directing the Nigerian Army to immediately suspend the Operation Safe Corridor reintegration initiative until the case is fully heard and decided.
He is asking the court to determine if the reintegration of over 700 former insurgents without criminal prosecution, trial, or conviction aligns with the Constitution and the ACJA, 2015.
Furthermore, Mr. Opara seeks a declaration that reintegrating repentant insurgents into society without prior prosecution and judicial conviction is both unlawful and unconstitutional, violating the principles of the rule of law.
He also requests a declaration that the Nigerian Army and the Attorney-General of the Federation lack the legal authority to grant de facto immunity or amnesty to individuals accused of grave crimes such as terrorism, murder, and kidnapping without legislative sanction and judicial oversight.
"A declaration that the actions of the first respondent in releasing and reintegrating the said insurgents constitute a violation of the doctrine of separation of powers and an usurpation of judicial authority," the lawsuit states.
In his supporting affidavit, Mr. Opara, who identifies as a public interest litigation lawyer, attached the official press release from the Nigerian Army as evidence. He asserts that over 700 individuals identified as former Boko Haram members have been released and reintegrated without undergoing criminal prosecution or conviction by any competent court.
He maintains that many of these individuals are reasonably suspected of having participated in acts of terrorism, murder, kidnapping, and other serious offenses under Nigerian law.
The lawyer emphasizes that judicial powers are exclusively vested in the courts.
He argues that reintegrating insurgents who have not faced trial poses a significant risk to public safety and that the failure to prosecute individuals accused of serious crimes undermines public trust in the justice system and the rule of law.
Mr. Opara implores the court to grant his requests in the interest of justice, national security, and the preservation of the rule of law.
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