The General’s Lamentation Over The Hasty Release Of Terrorism Suspects

Power to Arrest without the Power to Prosecute

2.     The fight against terrorism in Nigeria is championed by the Armed forces of Nigeria vide synergized security agencies under various code-names such as: Operation Safe-Haven (OSH), Operation Delta Safe (ODS), Operation Hadarin Daji (OHD), e.t.c. In their recent meeting with the Nigerian House of Representatives on the sectoral debate on security aired on the Gavel, a Channel’s television program anchored by Benny Ark, the Service Chiefs led by the Chief of Defense Staff Lt. Gen. Christopher Musa (CDS) lamented the inability of the security agencies to prosecute the Terrorism suspects after arresting them. He added that after arresting and handing the terrorists over for prosecution, “they are released before you enter your vehicle”.Why should this be so?

3.     In empathizing with the CDS over his lamentations, issues that should agitate our minds include:

i) Whether the liberty and human right of an individual Nigerian is more important than the security of some or all Nigerians?

ii) Whether security agencies that arrested suspects should not be empowered to prosecute them just as medical doctors who diagnose ailments are empowered to treat them?

Whether the liberty and human right of an individual Nigerian is more important than the security of some or all Nigerians?

4.     This poser is settled by the fact that the law is made for the society and the society is not made for the law. Granted that Sections 35 & 36 of the CFRN 1999 (as amended) provide for the liberty and rights of an individual, it is only a mad man that chases rat when his house is on fire. Although it is a constitutional safeguard that a defendant is to enjoy his personal liberty by way of bail pending trial pursuant to Section 35 of CFRN 1999 (as amended),when terrorism is involved, it becomes clear that the national security implication of terrorism outweighs the right to personal liberty. Even Section 45 of the Constitution allows derogation from its human rights provisions in the interests of (a): defense, public safety and public order in Nigeria. The Supreme Court affirmed this much when it said in the case of Alhaji Mujahid Dokubo-Asari Vs Federal Republic of Nigeria (2007) that:

“Where National security is threatened or there is the real likelihood of it being threatened, human rights or individual rights of those responsible take second place. Human rights or individual rights must be suspended until the National security can be protected or well taken care of. The corporate existence of Nigeria as a united, harmonious, indivisible and indissoluble sovereign nation is certainly greater than any citizen’s liberty or right. Once the security of this nation is in jeopardy and it survives in pieces rather than in peace, the individual liberty or right may not even exist”

The above-mentioned principle was equally applied in another case of Ogwu Achem Vs Federal Republic of Nigeria (2014) where the appellant convicted on charges of Terrorism resorted to asking for his release on bail pending determination of his appeal. The court of Appeal rejecting his application for bail held that the lower court was right in refusing the application for bail because of the nature of the offence.

5.     By virtue of this unassailable constitutional and judicial authorities coupled with the fact that law is made for man, why should the authorities that took over terrorism suspects from the security agencies that arrested them hastily release them on bail? What argument can justify the hasty release of terrorism suspects as bemoaned by the Chief of Defense Staff before the members of House of Representatives. Imagine a situation where medical doctors are not empowered to treat the ailments they diagnose; the doctors would be frustrated and demoralized while the ailments would continue to multiply and increase. That’s the situation with various acts of terrorism in Nigeria today. Meanwhile when people blame the lethargy in fighting insecurity in Nigeria on the people at the top or lack of political will, let this public lamentation of the CDS stand in judgment to exonerate the service chiefs.

Whether it is reasonable to Empower the Security Agencies to Prosecute the Terrorism Suspects after Arresting them?

6.     There is no gainsaying the fact that prosecution of a case is best conducted by the party that arrested the suspect. This is because it is he who wears the shoe that knows where it pinches just as it is he who buried a corpse that knows where the head lies. A society should justify swift trial when it seeks to achieve a goal that is higher than securing the rights of the accused, like, ensuring the security of its citizens. The state can do this by seeking to achieve maximum trial efficiency and deterrence. Such a trial would deter those thinking to get involved in terrorism. President George W. Bush believing that the swift trial of terrorists would be appropriate rapid and efficient response in the war against terrorism promptly established military tribunal to try terrorists after September 11, 2001 terrorism incident in U.S.A. Today, when Nigeria is living under the threat of terrorism in all its ramifications. A special trial forum for it cannot be too drastic.

Terrorism Trial Tribunal

7.     Under the above authorities, it must be appreciated that necessity is the mother of invention. Since the security agencies fighting terrorism and arresting terrorists currently in Nigeria are synergized task forces comprising the military, the Nigerian police, the Directorate of State Security Services, the Civil Defense, etc, establishing a Terrorism Trial Tribunal from each of the synergized Task Forces by an executive order of the President can be apposite. The Attorney General can grant a fiat to competent hands on the Task Force to prosecute awaiting terrorism detainees.

The Tribunal will be comprised of suitable members of the synergized security agencies and can be beefed up with competent hands from outside. Nigeria would not be the first country to toe this line. President Bush of America established a special military tribunal to try terrorists after the harrowing terrorism incident of September 11, 2001.

We can borrow a leaf from America from where Nigeria copied its democracy. This measure will deplete awaiting trial Terrorism detainees, some of who have been detained for up to six years, according to the CDS. A tribunal of this nature would prioritize efficiency and deterrence in deference to national security. Prosecution would be expedited as fresh evidence and eye-witnesses would be available to testify before the tribunal.

Conclusion

8.     Terrorism is so deadly, a mass killer that nothing should be spared in fighting against it. In an application for bail, the court owes a duty to protect the society and no principle of law demands that than the crime of terrorism. Releasing arrested terrorism suspects even before those who handed them over for prosecution enter their vehicle is tantamount to frustrating the efforts of our heroes, dead and living. And to lose our country by a scrupulous adherence to human rights law would be to lose the law itself, with life, liberty and property. Hence Terrorism Trial Tribunal will be apposite and efficacious in waging a drastic war against all kinds of terrorism in Nigeria.