by Joel Eghosa Ighalo

I was quite elated to read in the newspaper that the Federal Government was committed to establishing special courts for terrorism cases. While I believe it is long overdue, the contemporary history of the country’s fight against terrorism indicates that our Spartan fighting force, the Nigerian Army, is back to winning ways. News of Boko Haram combatants orchestrating jail breaks seem to have faded into oblivion. We no longer hear of the tidings of full scale war; whether the Army units had routed the Boko Haram combatants or the other way round. But for the pockets of suicide bombings, one would have been conditioned to think that the end to the Boko Haram uprising is here.

Some time ago, Amnesty International published a report detailing the arbitrary detention of Boko Haram suspects without trial, torture and in some cases, summary execution. The report substantiated its allegations with pictorial evidence. Although the Military Authority have since denied all the charges of Amnesty International, it is my view that the allegations, even if it may be untrue, reflects a structural defect in our conventional criminal justice system. For noticing this defect, I remain grateful to the Federal Government.

This malady leads me to ask the questions weighing on my mind: What is the command issued to armed contingents when they face Boko Haram fighters? Is it to capture? I would not want to believe that it is to mete out instant justice, although there is no negating the fact that death is certain in the gun duel to follow. If it is to capture, what is the guarantee that they would be tried promptly in consonance to the 2013 Terrorism (Prevention) (Amendment) Act.

If they were detained without the assurance of trial, the Federal Government would only be violating the human rights of the Boko Haram suspects as guaranteed by the Nigerian constitution and other International Humanitarian Laws; of which Nigeria is signatory. You might be appalled but terrorists are humans too. Furthermore, our prison facilities across the country might have stretched their capacity to the limit considering the sizeable number of suspects that have been apprehended. It should be borne in mind that we still have conventional criminals cooling off their feet behind bars.

In conclusion, it is imperative for the Federal Government to set up this special court with judicial branches straddling the six geopolitical zones of the country. Whoever sits in judgment must be acquainted with the pseudo-military nature of the offence of terrorism, ably assisted by military officers who have had their tour of duty in the North- East. Most importantly, the court should have a designated time frame to dispense justice and must not tolerate the habits of lawyers who are wont to delay the wheels of justice with frivolous preliminary issues.

Joel Eghosa Ighalo is an International Law student,  Historian, Reader and a Nigerian dedicated towards the maximization of the country’s potentialities. He tweets @_empighalo