A legal storm is brewing in Abuja as human rights advocate Maxwell Opara marches to court, seeking to slam the brakes on what he describes as a dangerous dance with impunity, the reintegration of repentant insurgents into society.
In a suit filed before the Federal High Court, Opara is asking the judiciary to draw a hard line in the sand by restraining the Nigerian military from continuing its reintegration programme for former fighters who once wreaked havoc under the Boko Haram banner.
Not stopping there, the lawyer is also pushing for a judicial hammer to fall on over 700 ex-insurgents. He wants the court to compel the Attorney-General of the Federation to prosecute them in line with the Terrorism (Prevention and Prohibition) Act, 2022, the Administration of Criminal Justice Act, 2015, and other relevant statutes.
The case, tagged FHC/ABJ/CS/837/2026 and filed on April 23, lists the Nigerian Army, the AGF, and the President as defendants. Opara is also urging the court to order an immediate halt to the Army’s Operation Safe Corridor Programme until the matter is heard and determined, effectively calling for a timeout in what he sees as a ticking time bomb.
Opara wants the court to decide whether reintegrating over 700 former insurgents, without prosecution, conviction, or sentencing, aligns with the Constitution of Nigeria 1999 and the ACJA, 2015.
He is also asking for a declaration that such reintegration is unlawful, unconstitutional, and a direct assault on the rule of law, like sweeping dirt under the carpet while the house is still on fire.
In his filings, the lawyer insists that neither the military nor the AGF has the legal power to grant backdoor amnesty to individuals allegedly involved in terrorism, murder, and kidnapping without legislative backing or judicial scrutiny. According to him, such actions bulldoze the doctrine of separation of powers and trespass into the sacred territory of the courts.
Backing his claims with an affidavit, Opara described himself as a public interest litigation lawyer and attached an official statement from the Nigerian Army as evidence. He noted that more than 700 former Boko Haram members had been released under the programme.
According to him, I know that the said individuals were not subjected to criminal prosecution, trial or conviction by any court of competent jurisdiction before their release.
“I know that many of the said individuals are reasonably suspected to have participated in acts constituting terrorism, murder, kidnapping and other grave offences under Nigerian law.”
He stressed that the judiciary alone holds the keys to justice.
“I know that failure to prosecute persons accused of serious crimes erodes public confidence in the justice system and the rule of law.”
Opara warned that releasing such individuals without trial is like opening the floodgates to uncertainty, arguing that it poses a real and looming threat to public safety.
“I know that Nigerian citizens have constitutionally guaranteed rights to life, dignity and personal liberty under Sections 33, 34, and 35 of the Constitution.
“I know that exposing citizens to potential harm from unprosecuted offenders violates these rights,” he said.
With the clock ticking, the lawyer cautioned that unless the court steps in, the status quo will persist, leaving justice hanging in the balance like a sword over the nation’s head.
He urged the court to grant his requests in the interest of justice, national security, and the sanctity of the rule of law.
As of now, no judge has been assigned to the case, leaving the matter in legal limbo.
