A shocking revelation by the Chairman of the Special Independent Investigation Panel (SIIP) on alleged human rights violations in counter-insurgency operations in North-East Nigeria (SIIP North-East), Justice Abdu Aboki, recently alerted the federal government that over 5,000 Boko Haram insurgents are languishing in various military facilities in the North East.

Aboki, a retired Justice of the Supreme Court (JSC), said they stumbled on the detainees in the course of investigation of alleged human rights abuses, which involved extra-judicial killings and forced termination of 10,000 pregnancies in the North-East.

He pleaded with the federal government to look into the plight of the insurgents by hastening their trial along with those indicted by his panel.

This mind-boggling revelation came to the fore during the presentation of the report of his committee to the Attorney?General of the Federation (AGF) and Minister of Justice, Lateef Fagbemi (SAN).

The SIIP was established by the National Human Rights Commission (NHRC) in response to serious allegations of human rights violations in counter-insurgency operations in the North East, as reported by Reuters in December 2022.

According to Justice Aboki, ?Our extensive investigation spanned 18 months across 20 field locations and involved the collection of 199 testimonies, along with the analysis of crucial documents and records from state hospitals and the military.?

He said the report also contains critical recommendations that, if implemented, will significantly enhance Nigeria?s counter-insurgency operations while upholding human rights and strengthening the criminal justice system in the country.

Another side of the findings was that some of the insurgents were reportedly suffering from tuberculosis (TB) and other ailments!

On his part, Fagbemi said the federal government had actually commenced a full-blown trial of the insurgents and that over 300 cases were recently cleared in line with the principle of justice and the rule of law.

The revelation that 5,000 suspected Boko Haram insurgents remain in military custody without trial raises critical concerns about justice, security, and human rights in Nigeria.

It highlighted a troubling reality: thousands of individuals, some possibly innocent, have languished in detention for years.

This situation brings to light several fundamental questions. How were these suspects arrested? What legal framework justifies their prolonged detention? Why has Nigeria failed to effectively prosecute them? And what are the broader implications of this for national security?

Besides, it appears that the special courts set up by the government over the years to ensure speedy dispensation of justice are incapacitated.

It is unfathomable that 5,000 alleged insurgents have been wallowing in various cells for years.

One of the biggest challenges in Nigeria?s counterinsurgency efforts has been the practice of sweeping arrests.

The military, In its bid to root out Boko Haram, often detains large numbers of people based on suspicion, rather than concrete evidence. Many of these individuals are picked up in raids, at checkpoints, or following attacks. Some are arrested simply for living in areas previously occupied by insurgents. Others are detained on the basis of weak intelligence or forced confessions from captured terrorists.

The result is that many innocent civilians?farmers, traders, and displaced persons?end up in custody alongside hardened fighters. This mass arrest not only violates individual rights but also undermines public trust in security forces.

We must all come to the terms that the Nigerian military lacks the legal expertise and institutional capacity to prosecute terrorism cases. Unlike civilian law enforcement agencies, the military?s primary role is combat, not legal adjudication. Yet, for years, the military has taken the lead in arresting and detaining suspects, often without involving the police or judiciary.

Prosecuting terror suspects requires meticulous investigation, strong evidence, and legal oversight?all areas where the military has struggled. As a result, thousands of detainees remain in legal limbo, held in makeshift detention centres with little hope of trial. Some die in custody due to poor conditions, while others become radicalised.

Many Boko Haram suspects have been held in military barracks. Reports from human rights organisations have detailed overcrowding, poor sanitation, and allegations of abuse in these detention centres.

While some detainees may be actual Boko Haram fighters, others are victims of mistaken identity, forced recruitment, or coercion. Even among those who were involved with the insurgency, there are distinctions to be made?between ideologically committed terrorists, those who joined out of fear, and those who were merely in the wrong place at the wrong time.

The blanket approach of mass detention ignores these distinctions and denies thousands of people a fair hearing. Justice Aboki?s findings reinforce the need for a proper screening process to separate true insurgents from innocent civilians.

In countries like the United States and France, suspected terrorists are handled through special judicial procedures. The U.S. has military tribunals for high-profile terrorism cases, while France employs dedicated anti-terrorism courts that fast-track prosecutions. In both cases, law enforcement agencies, rather than the military, take the lead in investigating and prosecuting suspects.

We in the Daily Trust believe that to resolve the crisis of prolonged detention, Nigeria must establish special terrorism tribunals. These courts should be empowered to handle cases swiftly, ensuring that suspects either face trial or are released if no evidence is found against them. The process must involve trained prosecutors, intelligence officials, and judges specialising in terrorism cases.

Additionally, the military should transfer detainees to the police and Department of State Services (DSS), which have the legal mandate to investigate and prosecute crimes. A clear handover protocol must be established to prevent further delays. (Daily Trust Editorial)

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