IRABOR’S INCONVENIENT TRUTHS
Apprehended terrorists and insurgents should be tried expeditiously
Chief of Defence Staff, General Lucky Irabor has raised a serious matter on the lingering insecurity in our country. Hundreds of terrorists arrested by security forces are yet to be investigated, processed or brought to trial, he disclosed last week. The import of Irabor’s concern is the hint that the recent spate of prison breaks across the country may be directly traceable to terrorists trying to free their fellows held in these centres in order to strengthen and reinforce their ranks. It seems incongruous to task security forces to go all out and apprehend terrorists and then fail to bring them to justice. Whether this decision arose from frightening negligence, dangerous tardiness or wilful oversight, it is an issue that must be addressed immediately.
Ordinarily, the investigation, trial and possible conviction of terror suspects does not fit into normal criminal or civil proceedings. Terror suspects arrested in the course of anti-insurgency and anti-terrorist military operations are not just mere criminal suspects. They are ‘enemy combatants’. The standard international practice is to try such suspects in approved military courts. The object of such trials should be speed, deterrence and a quick dispensation of appropriate justice. In the Nigerian context, all that is required is for the president to seek approval from the National Assembly for the setting up of these military courts as part of emergency security measures.
In normal anti-crime operations, the responsibility of security forces ends with combating, neutralising or arresting suspected terrorists and other violent criminals and handing them over to state security, police and judiciary. In the best anti-insurgency traditions, such suspects should be held in military detention facilities for added security instead of civil correctional institutions. If we insist on normal civilian trials for suspected terrorists, it is squarely in the province of these other agencies to investigate and prosecute those of them in detention.
From Irabor’s revelation, however, the work of investigation and prosecution so far is so slow that agents of violence and criminals may be tempted to conclude that there are no immediate consequences for their crimes against the state and society. Yet, these are persons that have killed innocent citizens, destroyed strategic installations and have openly engaged the state in armed combat. Moreover, these terror suspects are so dangerous and sophisticated that they easily plan breaches of prisons and collaborate with external agents to overwhelm prison guards, thereby complicating the general security challenge of the nation. The recent attack by the Islamic State West Africa Province (ISWAP) operatives on Kuje Prison in Abuja where hundreds of inmates (including their detained members) were let loose is a graphic illustration.
Meanwhile, the delay in the trials of the captured insurgents runs contrary to the government’s policy as enunciated in the National Security Strategy 2019. The speedy trial of these detainees has therefore become necessary for several reasons. One, it will enable those who have no case to answer or those not found guilty to be discharged and acquitted. Two, it would help to decongest the correctional facilities such that military personnel who provide security especially for the Maiduguri centre could be freed for other duties. Three, a speedy trial and conviction of all those found guilty would reassure the people and serve as a deterrence to future would-be terrorists.
However, the military is not blameless on this problem. Under a curious “de-radicalisation programme”, hundreds of Boko Haram insurgents have been reintegrated into the communities. Former Senate Leader, Senator Ali Ndume was highly critical of the idea. “Many among those released have since run away. They will never repent. The government should know what to do about them, but not reintroducing someone to you, who has killed your parents or your relations”, said Ndume who argued that the insurgents believe the government has failed “and that is why they (insurgents) are being pampered.”
What the authorities must understand is that there can be no effective deterrence against the agents of insecurity if the link between crime and punishment remains hazy because of institutional tardiness. Over time, the slow pace of crime investigation and trial of suspects has remained a feature of justice administration in Nigeria. To extend this to the trial of terrorists, insurgents and enemy combatants in general is to trifle with our most consequential national security challenge.
