A human rights lawyer, Maxwell Opara, has prayed the Federal High Court in Abuja to restrain the Nigerian military from further reintegrating repentant insurgents into the society.
Opara also sought an order of mandatory injunction compelling the Attorney-General of the Federation (AGF) to initiate and pursue criminal prosecution of over 700 repentant Boko Haram insurgents.
He said their prosecution would be in accordance with the provisions of the Terrorism (Prevention and Prohibition) Act, 2022, the Administration of Criminal Justice Act (ACJA), 2015, and all other relevant laws.
The legal practitioner, in a fresh suit, marked: FHC/ABJ/CS/837/2026, sought an order directing the Nigerian Army to immediately suspend the Operation Safe Corridor Reintegration Programme pending the hearing and final determination of the suit.
The originating summons, filed on April 23 by Opara, named the Nigerian Army, AGF and the President as 1st to 3rd respondents respectively.
The lawyer sought seven questions for determination.
He wants the court to determine whether the reintegration of over 700 repentant insurgents into Nigerian society by the army, through its programme, without criminal prosecution, judicial conviction or sentencing by any court of competent jurisdiction, is consistent with the provisions of the 1999 Constitution (as amended), and the ACJA, 2015.
The lawyer, therefore, sought a declaration that the reintegration of the repentant insurgents into Nigerian society, without prior prosecution and judicial conviction, is unlawful, unconstitutional and a violation of the rule of law and ACJA, 2015.
He wants the court to declare that the Ist and 2nd respondents (army and AGF) lack the legal authority to grant de facto immunity or amnesty to individuals who have participated in acts of terrorism, murder, kidnapping and other violent crimes under Nigerian law, without legislative authorization and judicial oversight.
He sought a declaration that the actions of the Ist respondent in releasing and reintegrating the said insurgents constitute a violation of the doctrine of separation of powers and a usurpation of judicial authority.
In the affidavit in support of the suit, Opara, who described himself as public interest litigation lawyer, attached the official press release of the Nigerian Army to the suit as “Exhibit A.”
He said, under the programme, over 700 persons identified as former members of the Boko Haram terrorist group had been released and reintegrated into society.
According to him, I know that the said individuals were not subjected to criminal prosecution, trial or conviction by any court of competent jurisdiction before their release.
“I know that many of the said individuals are reasonably suspected to have participated in acts constituting terrorism, murder, kidnapping and other grave offences under Nigerian law.”
He said judicial powers are vested exclusively in the courts.
“I know that failure to prosecute persons accused of serious crimes erodes public confidence in the justice system and the rule of law.”
He said the reintegration of untried insurgents equally poses a real and substantial risk to public safety.
“I know that Nigerian citizens have constitutionally guaranteed rights to life, dignity and personal liberty under Sections 33, 34, and 35 of the Constitution.
“I know that exposing citizens to potential harm from unprosecuted offenders violates these rights,” he said.
Opara said that unless the court intervenes, the respondents will continue in the act.
He, therefore, prayed the court to grant his reliefs in the interest of justice, national security and the rule of law.
No judge has been assigned to hear the matter. (NAN)
