In the face of the ongoing war against terrorism and banditry, the Nigerian authorities have recurrently pardoned and released Boko-Haram fighters and bandits. Under the guise of repentance, negotiation, surrender, rehabilitation and deradicalization, the authorities have released Boko-Haram militants and bandits at different times. Not too long ago, the National Assembly was toying with the idea of creating an agency for the rehabilitation of repentant Boko-Haram members.
Releasing and pardoning Boko-Haram fighters or members of any terrorist organization whatsoever is unknown to the Nigerian law. It is neither recognized nor supported by any living law in Nigeria. As a constitutional lawyer, I have thoroughly read through the provisions of the Armed Forces Act, the Terrorism Act, the Administration of Criminal Justice Act and other relevant laws; in futile search for a legal framework that supports the pardoning of Boko-Haram fighters.
How did the government of the day come to the conclusion that they are repentant ‘terrorists’ when they are yet to be tried and pronounced guilty of terrorism related crimes by our courts? The Nigerian Army is not a court of law to determine the guilt of suspected terrorists. Only the court is empowered to reverse the presumption of innocence enjoyed by suspects under Section 36 of the 1999 Constitution.
Can the Nigerian Army release Boko-Haram fighters? The simple answer is a resounding NO. What the Army is doing is completely alien to our criminal jurisprudence. The Army lacks the power, right and authority to pardon or release any captured terrorists, under any guise whatsoever. They, in fact, do not have prosecutorial powers over terrorists or terrorism related offences.
HQNigerianArmy 💯💯💯
HQNigerianArmy HQNigerianArmy is the main hub of terrorist. If Boko Haram fighters can be pardoned and rehabilitated, nothing stops them from pardoning bandits, internet fraudsters, armed robbers and others. In fact let’s open our prisons and set all inmates free! Accursed people 🤦🏽♂️
HQNigerianArmy Buhari is not above the law though I don't blame him rather those that made this laws and enforce it the legislative, judiciary, executive. This set of people are the problem we are facing today..
HQNigerianArmy What do you expect when a terrorist is on the throne and his advisers are his ministers?
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Source: Daily Trust - 🏆 13. / 51 Read more »