*Identifies Ethnicity, Corruption And Religious Conflicts As Causes Of Insecurity In Nigeria
*Recommends Versatile Leadership And Good Governance As Solutions For Insecurity
*Calls On Civil Society Groups And The Media To Raise Public Awareness On Excess Of Security Agencies
*Calls For Review Of Nigeria’s Security Architecture
*Calls For National Conference To Determine Appropriateness Of Establishment Of State Police

The Governor of Sokoto State, Mr. Aminu Waziri Tambuwal, has said that the Nigerian Criminal Justice System is still a work in progress as it is grappling with challenges due to its inefficiency.

He said this while delivering a keynote address at the Rule of Law Development Foundation’s 4th Annual Criminal Law Review Conference 2021 held on November 22, 2021 at the Conference Hall of J. B. Daudu & Co, Utako, Abuja.

Tambuwal expressed concern that insecurity in Nigeria has worsened the living conditions of the people. He identified ethnicity, religious conflicts and corruption amongst others as causes of the insecurity. He called on civil society organizations and the media to raise public awareness on the excesses of security agencies. He also called for the review of the security architecture of the country.

Read the full speech below

BEING KEYNOTE ADDRESS DELIVERED BY H.E. RT. HON. AMINU TAMBUWAL, CFR, GOVERNOR OF SOKOTO STATE AT THE RULE OF LAW DEVELOPMENT FOUNDATION’S 4TH ANNUAL CRIMINAL LAW REVIEW CONFERENCE 2021 HELD ON 22ND NOVEMBER 2021 AT THE CONFERENCE HALL OF J B DAUDU & CO. UTAKO, ABUJA

PROTOCOL

I am indeed delighted to be with my Learned Colleagues this morning to share my thoughts on challenges associated with criminal justice delivery, especially in the light of the triple menace of terrorism, banditry and insurgency. I thank the founder and members of the Rule of Law Development Foundation for inviting me to deliver the keynote address at this 4th Annual Criminal Law Review Conference 2021.

I commend you for choosing the theme “Updates and Developments Within the Last 12 Months on the Administration of Criminal Justice in Nigeria.” This is apt. Indeed so much has happened. Nigeria has been in an emergency situation for the past 12 months. COVID-19 and Insecurity have held us by the jugular in the past 12 months. Non – state actors have been competing for space and supremacy with constituted authorities. Our security agencies have been making strenuous efforts to degrade and checkmate the criminal elements. The criminal justice system has been tasked to no end. Is it coping well or unable to face the challenges thrown up by terrorism, banditry, insurgency and kidnapping?

THE CRIMINAL JUSTICE SYSTEM

To ensure a stable, secure and democratic society, you must put in place an efficient Criminal Justice System. Chukwudike Nwosu, in his paper entitled “The Criminal Justice System and the Powers of a Magistrate to Grant Bail or Remand in Capital Offences: The Benue Scenario” put it more succinctly: “The Criminal Justice System is an essential part of any civilized nation to ensure justice, fairness, the practice of the rule of law and institutionalization of a democratic system. The Criminal Justice System is comprising of many bodies, groups, institutions or agencies that have been charged with the responsibilities of ensuring social agreement and mass compliance with the law, and deciding whether or not an individual is guilty of violating the law of the society, and the appropriate punishment to be meted to such an individual.”

Our criminal justice system however remains a work in progress. We have been grappling with challenges associated with criminal justice delivery due to the inefficiency of the system in dealing with emerging issues like terrorism, banditry, insurgency, kidnapping and other forms of criminality. Trials take embarrassingly long time to be concluded. Victims hardly get justice and chances of closure are therefore remote. Adequate assurances and protection are not given to key witnesses to ensure that they give testimonies.

This is disheartening because the Administration of Criminal Justice Act 2015 has clear provisions, which, if properly implemented, will speed up trials and ensure justice for victims. Prof. Yemi Akinseye – George, SAN in his paper entitled “An Overview of the Administration of Criminal Justice Act, 2015 identified key provisions that, if implemented, will enhance speedy justice delivery.

The Act in Section 396 makes provision for day -to- day trial of criminal cases. If day -to- day trial is not possible, parties shall only be entitled to five adjournments from arraignment to the conclusion of the case. The interval between each adjournment must not exceed fourteen days. If it is not possible to conclude a criminal proceeding after the parties have exhausted their five adjournment each, the interval between one adjournment to another shall not exceed seven days. To discourage frivolous adjournments, the Court awards costs.

The Administration of Criminal Justice Act in Section 306 and 396 abolished stay of proceeding and interlocutory appeals by merging all preliminary objections with the substantive case in respect of criminal cases instituted in federal courts.

THE RISING INSECURITY IN NIGERIA AND GOVERNMENT’S RESPONSIBILITY TO PROTECT THE PEOPLE

Security envisages a situation where measures are taken to protect the lives, property and infrastructure of citizens and the State from hostile actions and activities. It is a state of affairs that enables citizens in the society to live their normal lives in tranquility and safety without undue interference, threats or harm.

Security is thus, protection against all forms of harm with respect to the physical, economic, psychological and the wellbeing of people in a given environment.

“The security and welfare of the people is the primary purpose of government”, so says the Nigerian Constitution in its Fundamental Objectives and Directive Principles of State Policy (S.14(2)(b)). Indeed the Constitution says in S. 14.- “(1) The Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice.
(2) It is hereby, accordingly, declared that –
(a) sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority;
(b) the security and welfare of the people shall be the primary purpose of government; and
(c) the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution”.

Insecurity in Nigeria has worsened the living conditions of the people. Food insecurity looms. Local economies are threatened. Social interaction has become difficult due to reduction in movement because of the fear of criminal elements. Governments at federal and state levels are struggling to fulfil the primary purpose of government, which is the security and welfare of the people.

FACTORS RESPONSIBLE FOR SECURITY CHALLENGES IN NIGERIA:

That security situation in virtually all parts of Nigeria poses a great challenge to policy makers is perhaps an understatement. The reasons are many:

i. Government failure or collapse of governmental institutions.
ii. Feeling of inequalities, marginalization, unfairness and injustice.
iii. Ethnic prejudices
iv. Religious conflicts
v. Weak or inadequate security system
vi. Lack of appropriate equipment and Technology to fight insurgency and crime.
vii. Weak intelligence gathering mechanism
viii. Loss of Nigeria’s value system and weakening of traditional authorities
ix. Corruption
x. Porous Borders, including the fallouts of the ECOWAS Treaty on Free Movement of persons.
xi. Herders/farmers conflicts
xii. Rural/Urban drift
xiii. Cattle Rustling
xiv. Unemployment/Poverty
xv. Lack of access to education, Healthcare and welfare
xvi. Inequitable distribution of resources
xvii. Ransom payments for terrorism, banditry, and kidnapping etc
xviii. Civil wars in neighbouring countries eg Libya, Congo etc
xix. Influence of foreign terrorist groups like ISIS, ISWAP, Al Qaeda etc
xx. Lack of good governance
xxi. Weak and inept leadership unable to unite the country for common purpose.
xxii. Parochial world view
xxiii. Economic challenges as a result of hostile business environment, weak foreign direct investment and fear of harm to personnel of businesses and foreign companies and weak productive base of the economy.
xxiv. Terrorism financing

SOLUTIONS TO SECURITY CHALLENGES:

Allow me to share with you some solutions I personally feel can help resolve our security challenges.

i. Appropriate Leadership: This is one of the most crucial requirements for vanquishing insecurity in our land. Chinua Achebe in his seminal work, THE TROUBLE WITH NIGERIA says: “The trouble with Nigeria is simply and squarely a failure of leadership,” . .“There’s nothing basically wrong with the Nigerian character. The Nigerian problem is the unwillingness or inability of its leaders to rise to the responsibility, to the challenge of personal example which are the hallmarks of true leadership,” he concluded.

Nigeria needs a leader that is versatile. One that has friends and associates across the length and breadth of this country.

A leader with a broad world view and not a parochial and provincial politician. We need an incorruptible leader who understands that the best way to fight corruption is by personal examples and also by the building of strong institutions that can withstand shocks and manipulations.

Nigeria needs a leader in tune with the times. Who is reasonably aware of the modern demands of technology in solving societal problems.

Yes, Nigeria needs a bridge builder. A compassionate leader, sensitive to the needs and aspirations of the poor and needy. A leader whose words count and can be counted on. Indeed, a leader with courage. An accountable leader who can be trusted to face the challenges of nationhood squarely without sentiments or pandering to interests that are inconsistent with national goals. A visionary leadership imbued with a sense of patriotism will go a long way in changing the narrative of insecurity in Nigeria. A leadership that is nationalistic and not tribalistic. A leadership that promotes national unity not disunity.

A leader required by Nigeria is one that will regard Nigeria as his constituency, not his State, tribe, religion or region. A leadership that inspires the nation to achieve greatness. A leadership that galvanises, mobilises and directs Nigerians on the path to sustainable peace, progress and development. Such a leader will not regard any part of the country as conquered people.

A leader with these qualities will reach out to all and sundry and ensure that insecurity ravaging the country is put to flight. There is no short cut or magic wand to curtail insecurity other than the deployment of relevant tools of good governance, proper technology, necessary military and police equipment, a well trained and properly remunerated manpower, and lowering of tensions in the country through enthronement of a government that serves all and not a section and group. A leader smart enough to realise the imperatives of restructuring our security and governance structure.

Finding such a leader is a task for all and I challenge you all today to find and support such a leader in 2023 so that Nigeria can begin the long walk back to peace, security and prosperity for all her citizens.

ii. Good Governance is yet another major panacea for curbing insecurity in Nigeria. This requires that Government at all levels must take deliberate steps to ensure good and accountable governance that focuses on the needs of the people.

iii. Socio-Economic Development factor is also key to peace and security.

Examples and researches have shown that with good governance and strong institutions, most people are less likely to become enemies of the state,or embrace crime when they can see development and opportunities.

iv. Elimination of corruption and entrenchment of social and economic justice, is yet another. Corruption gives rise to both social and economic problems. It is one of the major causes of inequality and inequitable distribution of wealth among the people. This leads to dissatisfaction, frustration and consequently agitations that lead to insecurity.The war against corruption must be fought with various tools. It must be comprehensive.

v. An ethical revolution involving fundamental shifts in our value system is also absolutely necessary to secure our country. A situation where ill-gotten wealth is celebrated by society leads to a culture of desperation and winning at all costs. This may lead the youths in particular to crime, such as kidnapping, banditry, armed robbery, cybercrimes and the like. A change in value system that rewards hard work, honesty, diligence and trustworthiness will lead to a better and crime free society.

vi. The Role of the Government:
To overcome insecurity, there is need for intelligence gathering and surveillance so that law enforcement agents could be proactive and reasonably predict potential crime with near perfect accuracy rather than being reactive. The menace of insecurity, no doubt, calls for a new approach that will be founded on credible intelligence gathering. Government must not only continue to improve the performance of the security personnel, it must, more than ever before, recognise the need to devote more attention to security intelligence, capacity building to meet global best practices.

vii. There is also the need to modernise the security agencies with training, intelligence sharing, advanced technology, logistics, motivation and change of orientation by security personnel. This effort will enhance the operational capabilities of the Nigerian security agencies, enabling them respond appropriately to internal security challenges and other threats. In addition, there should be a complete overhaul of the security institutions in the country to reflect international standards of best practices that aims at pre-empting these security breaches. There should be an institutionalised approach rather than the episodic and reactive response adopted by government in the aftermath of attacks.

viii. Synergy among Law enforcement and the role of the Judiciary:
The need for security coordination and cooperation across and among Security agencies is of paramount importance. Furthermore, the prosecuting Agencies of State and the Judiciary must prioritise issues of national security. Prosecutorial Malpractice, incompetence and inordinate delay in prosecution and adjudication weakens the fight against crime.

ix. The role of civil society: There is need to involve members of the civil society in security management. They play the roles of critics, catalysts and advocates. They raise public awareness of the excesses of the security agencies, human rights abuses and most times engage and hold Governments and stake holders to account.

x. The role of religious groups: Time has come for adherents of our main religions to deliberately ensure religious harmony and peaceful co-existence without which insecurity will continue to ravage the land.

xi. The role of Communities: The community is where most Nigerians reside. And crime must be fought at this level, if we are to achieve success. Traditional rulers and our old and time tested security mechanisms must be activated at the community level. To this extent, many State Governments have passed legislation requiring landlords and various community associations to adopt the KNOW THY NEIGHBOUR POLICIES. This ensures that any new stranger that enters a community is tracked and monitored.

×ii. The role of the Media: The media has a critical role to play in sensitizing and mobilizing Nigerians against insurgents, terrorists, bandits, kidnappers and other criminal elements. While carrying out its constitutional duty, it must avoid sensationalism, thoroughly check its facts and put the interest of the people and the country first. The security agencies must strategically engage the media, make information available to them and take them into confidence when the need arises to keep some information “under wraps” for security reasons. The media is made up of some of the most patriotic Nigerians. There is therefore no reason for mutual suspicion and distrust between the media and security agencies.

×iii. The Role of the Youth: Nigerian youths must step forward to be counted in the fight against insurgency, terrorism, kidnapping, banditry and other forms of criminality. Nigerian youths cannot give up on our country. It is your country. You must seize the moment and work assiduously to rescue the country. Criminals are worsening the crisis of food insecurity. Our people can no longer access their farms. Nigerians can no longer move from Point A to Point B. Atmosphere of fear pervades the land. Parents are now afraid of sending their children to school due to the activities of kidnappers and abductors. Our school children remain at the mercy of these merciless criminals. This is unacceptable.

Youth and student organizations must mobilize youths to reject and isolate criminal elements in Nigerian communities. Nigerian youths must form VIGILANCE AND DEFENCE GROUPS in their communities to checkmate criminals. They can assist security agencies with actionable intelligence.

Nigerian youths must mount sustained campaigns for the massive enrolment of youths in the Armed Forces, Police and Para-Military Organizations.

In the development of security plans or frameworks, the Federal Government, State Governments and Local Governments must strategically engage Nigerian youths. Their full involvement will surely be a game -changer in our fight against terrorism, insurgency and banditry.

INTERROGATING NIGERIA’S SECURITY ARCHITECTURE:

To achieve our goals, it will be necessary to review our security architecture. The Federal Government has total control over the Armed Forces, the Police and the Para-Military Forces. I will pick on the Police to illustrate the frustration that State Governments face due to the over-centralization of security. Response to crime requires speed. But the chain of authority before a State Commissioner of Police carries out a Governor’s legitimate directive is a major disincentive to effective crime fighting.

THE NIGERIA POLICE FORCE.
In a democracy, the Police Force is the major instrument for the security of lives and property. Thus the CFRN establishes the Nigeria Police Force in S.214. The Constitution provides that “no other Police Force shall be established for the federation or any part thereof”.

The Constitution vests the command of the Police force in the Inspector-General of Police, and not in the President, Commander in Chief of the Armed Forces. Mr. President has ultimate command only with respect to the Armed Forces.

With respect to the maintenance of Public Order and Public Security, both Mr. President and the Governors have roles to play with respect to their spheres of influence or territory. (S.215(3) & (4) CFRN.

S.215 (3) provides that: “The President or such other Minister of the Government of the Federation as he may authorise in that behalf may give to the Inspector-General of Police such lawful directions with respect to the maintenance and securing of public safety and public order as he may consider necessary, and the Inspector-General of Police shall comply with those directions or cause them to be complied with”.

(4) “Subject to the provisions of this section, the Governor of a State or such Commissioner of the Government of the State as he may authorise in that behalf, may give to the Commissioner of Police of that State such lawful directions with respect to the maintenance and securing of public safety and public order within the State as he may consider necessary, and the Commissioner of Police shall comply with those directions or cause them to be complied with Provided that before carrying out any such directions under the foregoing provisions of this subsection the Commissioner of Police may request that the matter be referred to the President or such Minister of the Government of the Federation as may be authorised in that behalf by the President for his directions”.

In the exercise of security powers, cooperation and not supremacy or flexing of muscles should be the watchword. Indeed where lives, property and wellbeing of Nigerians are in issue, there is really no room for partisanship or turf wars.

THE NEED FOR DECENTRALISATION OF SECURITY ARCHITECTURE IN NIGERIA:
After reviewing extant constitutional provisions, it is clear that the main coercive forces of the nation is controlled by the Federal Government , ranging from Arms and Ammunition, to Defence, to the Police, to the Armed Forces and other earlier named security agencies.

The State Governments are a fully autonomous tier of government complete with Executive, Legislative and judicial powers. They have primary jurisdiction for the lives and property of all citizens within their domain. Apart from the limited authority granted by the Constitution to the Governor on issues of Public Order and Public Security, the plenitude of most of the powers lie in the hands of the Federal Government.

This state of affairs have made it difficult to detect and control crime, criminality, banditry, kidnapping, terrorism and armed robbery in various States. The State Governments are sometimes hamstrung in dealing decisively and timeously on security matters.

Lives and property can be better and more effectively secured by people closer to the grassroots. Hence, the clamour for some form of State policing or constitutional decentralisation of Police powers. There is a near consensus on this across the country. But the form it should take and the details have not been properly interrogated. Some advocate for a federal police, and a State police working side by side, with clearly delineated and defined responsibilities. Others argue for a highly decentralised federal police structure, where State Governors would appoint or dismiss when appropriate, Commissioners of Police in their respective states who report to them, among other provisions.

A National Conference on policing and security involving all stakeholders have become imperative to flesh out the constitutional questions involved.

But before we reach there, States can through creative administrative engineering play a decisive role in the security of lives and property in their various States. Many States have set up neighbourhood Watch Agencies, Forest Guards, Vigilante services, OMOTEKUN, EBUBE AGU, HISBAH and other like Agencies to meet the security need of various communities for grassroots or community based policing.

The current initiative of the Nigeria Police Force, on Community Policing should be strengthened.

MEASURES TAKEN BY THE SOKOTO STATE GOVERNMENT TO ARREST THE MENACE OF BANDITRY

(1) Sokoto State is one of the states in the country battling to resolve its security challenges. Bandits for some time have been laying siege to the Eastern part of the state. There have also been occasional attacks on areas close to Zamfara State. The State Government has adopted different strategies/measures in tackling the menace of banditry and other forms of criminality in Sokoto State. In response to an inquiry by the Daily Trust Newspaper, I disclosed that the Sokoto State Government is committed to the implementation of the resolution of the Northern Governors Forum to “employ kinetic and non – kinetic strategies in tackling the situation.” I am bound by the decision of the Northern States Governors Forum (NSGF) that we”should use carrot and stick approach in tackling the menace of banditry in the region.” “By this token, it means we could support the deployment of force where necessary and at the same time pursue negotiation where applicable.”

(2) The State Government has been providing funding and logistics such as vehicles, motorcycles, equipment and other operational support to the Federal Security Agencies.

(3) The Government has also taken steps to develop and build synergy between the local communities and Federal Security Agencies.

(4) The State Government recently set up a Committee to tackle security challenges in Sokoto State. The Committee is headed by His Eminence, Sa’ad Abubakar, the Sultan of Sokoto. The Sultan is a retired Brigadier General.

(5) Due to the prevailing insecurity in the state, occasioned by armed banditry which has led to huge loss of lives and properties, undermining free movement of people, goods and services in the affected areas, I approved an Executive Order in response to the situation.

This is in the exercise of powers conferred on me by Subsection (2) of Section 176 of the Constitution of the Federal Republic of Nigeria 1999, to issue the order to be known as: Security Challenges (Containment) Order.

The Order takes took effect on September 1, 2021. The Governor directed as follows:

1. Immediate total closure of Isa Marnona Road to all motorists until further notice. Travelers plying that road are advised to go through Goronyo-Sabon Birni axis.

2. Lorries/Trucks or other vehicles carrying firewood from the forests are
hereby prohibited;

3. Suspension of the sale of all animals at the markets of Gada, Goronyo,Gudu, Ilela, Isa, Kebbe, Sabon Birni, Shagari, Rabah Tambuwal Tangaza, Tureta and Wurno Local Governments Areas;

4. Prohibition of transportation of cattle using trucks/lorries in Gada, Goronyo, Gudu, Illela, Isa, Kebbe, Sabon Birni, Shagari, Rabah Tambuwal Tangaza, Tureta and Wurno Local Governments Areas;

5. Prohibition of carrying 3 persons on motorcycles and more than 3 passengers on a tricycle throughout the State;

6. Prohibition of the sale of second-hand motorcycles at Gada, Goronyo, Gudu, Ilela, Isa, Kebbe , Sabon Birni, Shagari, Rabah, Tambuwal, Tangaza, Tureta, Achida, Gande, Gwadabawa and Wurno Markets;

7. Prohibition of operation of commercial tricycles and motorcycles from 10:00 pm to 6:00 a.m in the State Capital, and 6:00 p.m 6:00 a.m in Gada, Goronyo, Gudu, Gwadabawa, Illela, Isa, Kebbe, Sabon Birni, Shagari, Rabah, Tambuwal Tangaza, Tureta and Wurno Local Governments Areas;

8. Prohibition of the sale of petrol in jerrycans at filling stations;

9. Only designated Filling stations are allowed to sell petrol and diesel of not more than N5,000.00 to motorists in Gada, Goronyo, Gudu, Ilela, Isa, Kebbe, Sabon Birni, Shagari, Rabah, Tambuwal Tangaza, Tureta and Wurno Local Governments Areas

10. Only authorized essential workers (health personnel, security personnel and Joumalists) could use tricycles and motorcycles beyond the banned periods.

We took this measure due to the need to introduce additional countervaling measures in the affected areas in order to contain the banditry and mitigate the damages it is causing to social and economic activities and preserve peace.

(6) My administration initiated many negotiations and reconciliations in an effort to see that the insecurity is contained without much bloodshed. In situations where negotiations and reconciliations failed to achieve the desired results, the Government sanctioned security operations to checkmate and flush out the bandits and other criminal elements.

(7) In 2017, the State Government achieved some success in its negotiation and reconciliation efforts. About 135 bandits surrendered and were given amnesty. About 185 weapons were recovered from them including 5 GPMGs (General Purpose Machine Guns) and 2237 rounds of ammunitions. This first reconciliation effort by the State Government was handled by the then Chairman of Isa Local, Col. Garba Moyi (Rtd.) (now Commissioner for Security). The exercise was concluded by the former Secretary to the Sokoto State Government, Prof. Bashir Garba. There were subsequent reconciliation efforts which led to the surrendering of weapons by bandits.

(8) However, some of the bandits violated the terms of peace agreements and returned to their nefarious activities. The State Government had no option than to resort to the “stick” approach. Therefore the State Government, working with the Federal Security Agencies and local security outfits, carried out and continues out different operations, including Special Operations Against Banditry, Joint Operations Kidnapping, Air Operations Against Banditry And Cattle Rustling, Operation PUFF ADDER 2, Clearance Operations Against Bandits’ Camps, Metro Night Patrols, Operation Sweep All Bandits’ Routes, Operation Free Sokoto East From Senseless Killings, Joint Operations Gun Runners and Border Security, etc.

(9) To enhance the operational efficiency of Federal Security Agencies in the fight against banditry, the State Government has provided the following: Over 500 vehicles of different brands, about 765 motorcycles, information gathering drones, 132 Housing Units to Security Forces, Fueling/Maintenance of all Security Forces Equipment on Operations, Operational Allowances to all Personnel Engaged in Operations, Welfare Packages to all Personnel who Lost their Lives in Active Service.

(10) Creation of Ministry of Careers and Security Matters. It is saddled with responsibility for all security matters with a retired Colonel as Commissioner.

(11) The Sokoto State Government been playing a key role in the holding of high powered security summits between the states of Niger Republic (Dosso, Maradi and Tahoua) and those of the North West states of Nigeria bordering Niger Republic- (Sokoto, Kebbi, Zamfara and Katsina) to find lasting solutions to the perennial problem of insecurity that has occasioned the displacement of some Nigerians to the area in Niger Republic.

STRENGTHENING THE CRIMINAL JUSTICE STRUCTURES TO CHECK THE MENACE OF TERRORISM AND BANDITRY

To effectively counter terrorism, banditry, kidnapping and other forms of criminality, governments need to enhance their legal and operational frameworks to strengthen their criminal justice structures. I recommend the following:

(1) We need to develop and implement a National Plan of Action to address criminal justice challenges in Nigeria. We have in place the Administration of Criminal Justice Act 2015 but justice delivery proceeds at snail speed and the confidence of our people in the system is daily being eroded. Since the problem is implementation, stakeholders must come together to agree on how to move forward.

(2) The prosecuting authorities must review their approach to prosecuting terrorism, insurgency and banditry suspects. We must transit from confession based to evidence based prosecution of cases.

(3) The Federal Government must develop a clear approach to rehabilitating and reintegrating repentant terrorists and bandits into society. The present approach is untidy and capable of stirring the anger of victims of terrorism and banditry. The way the repentant criminals are being openly cuddled, while no scheme or programme is in place for their victims, is an open invitation to trouble. Victims are more entitled to rehabilitation. They want justice. They want closure. People must be held accountable for their actions. A Truth and Reconciliation Commision is hereby recommended so that the healing process can commence.

(4) We must strengthen the capacity of criminal justice and law enforcement officials to combat terrorism, banditry, insurgency and other forms of criminality. They must be conversant with the relevant laws.

(5) We must develop specialized national capacities on the investigation and prosecution of terrorism cases.

(6) Terrorism Financing is a major issue that needs to be addressed through the instrumentality of the law. We must review the existing legislation on terrorism financing and look at the possibility of strengthening it.

Permit me to reproduce the findings and recommendations of the Institute for Security Studies authored by Allan Ngari and Akinola Olojo. The key findings and recommendations contained in the report entitled “Besieged But Not Relenting: Ensuring Fair Trials for Nigeria’s Terrorism Suspects,” are as follows:

KEY FINDINGS

1. Nigeria’s criminal justice system faces a massive challenge in dealing with thousands of suspects of suspects of terrorism offences, as such fair trials were not upheld.

2. Not enough time was given to the three phases of mass trials for thousands of suspects to ensure thorough investigation. This was compounded by the challenge of having to review thousands of files linked to each terror suspect and procedural handicaps related to arrest and detention procedures. Most arrests were by security forces in contravention of suspects’ human rights and suspects are detained for unduly prolonged periods.

3. Numerous military personnel who conducted arrests in the north – east were redeployed to other parts parts of the country, and thus were no longer available for the criminal justice process.

4. Prosecutors had insufficient time to present comprehensive cases against suspects and legal defence through the Legal Aid Council of Nigeria was insufficiently resourced.

5. Nearly all cases reflected a weak evidence base, with mostly confessional statements.

6. Witness protection was lacking.

7. Numerous discharged detainees and convicts who have served their sentences remain in military detention but the Nigerian Correctional Service has little or no role in the rehabilitation and reintegration of terrorism offence convicts.

8. Nigeria’s government hasn’t instituted reparation measures for victims or damages for those wrongly or unduly detained for their participation in terrorism offences.

9. Trials have endured poor court infrastructure and logistical challenges.

RECOMMENDATIONS

1. Continuous knowledge and technical capacity building are needed for prosecutors, investigators and other law enforcement personnel.

2. The military needs special training in mainstreaming human rights into its operations and its contribution to the criminal justice response to terrorism. Designated military officers should collaborate and cooperate with civilian law enforcement to help with the effective arrest of suspects, for criminal justice process purposes, including the collection and use of evidence in court.

3. Sufficient time is needed for terror trials to enable investigations to be conducted and permit prosecutors and judges to perform their functions while respecting suspects’ rights.

4. Trials should be conducted on a strong evidence base, going beyond confessional statements. Witness protection should be provided.

5. Conducive infrastructure and facilities are needed for trials including proficient interpreters in cases where suspects can’t communicate and defend themselves.

6. Children’s courts should be established to try juvenile offenders so that justice is served in all matters regardless of age in line with the Child Rights Act, 2003.

7. Judicial authorities should ensure that suspects aren’t detained beyond the legally stipulated period.

8. Legislative reform around terrorism is needed to address the challenges of investigating, prosecuting and adjudicating terrorism offences.

9. Due to the multiplicity of issues required for a holistic response to terrorism in Nigeria, a multidisciplinary approach is required.

CONCLUSION:

It is my submission that Nigerians can still unite for the common good. Nigeria is a nation of boundless opportunities and possibilities. Let us push harder and draw on our reservoir of creative energy. We have the human resources to make things happen. All our people need is the enabling environment to realize their potentials. We must beam the searchlight on people exploiting our faultlines for their selfish ends. We must address genuine grievances across the country and give every section a sense of belonging. We must build a country where no man or woman, group or section is oppressed.

I challenge my Learned Colleagues to rise up and be in forefront of the battle to pull back our dear country from the brink. You have the knowledge and the power to defend the Judiciary against forces of retrogression. You must use your power to check the excesses of conflict entrepreneurs manipulating our people and setting communities on fire. Time has come for us to reject their “fat briefs” in order to save our country from going down. You have what it takes to effectively mobilize Nigerians to defend this democracy. You cannot afford to remain aloof in the face of sustained threats to our survival. The Rule of Law Development Foundation is standing up to be counted. I urge you not to relent in your efforts. You must sustain this initiative. Yes, we can reengineer or rebuild our country through law. If every professional group or association contributes its quota towards national rebirth, this country will retake its place in the comity of nations. It takes hard work, sacrifices, perseverance and sheer grit. It is a collective effort. We can do it. We must do it. Nigeria shall be great again.

I thank you for this opportunity. God bless you all.

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