Trial of Hundreds’ of Boko Haram Terrorists, Suspects in Detention to Commence in October-FG.

The federal government disclosed on Sunday that the trial of over 1, 600 Boko Haram terrorists currently under detention in facilities of security agencies, would commence on October 9, 2017.

Minister of Justice, Abubakar Malami, made the disclosure in a statement to the media in Abuja saying that a total of 220 alleged terrorists out of 1,670 members of the sect that were profiled at the Kainji detention center, in Niger State, have been certified release and are to embark on de-radicalization programme in Gombe State.

While noting that their release was due to the absence of evidence to prosecute them, the minister said that Government had so far concluded 13 trials involving members of the terrorist group and secured convictions for nine of them.

Malami disclosed that 651 Boko Haram members that were remanded on the order of the Federal High Court in Maiduguri had since been transferred from Giwa Barracks to Maiduguri Prisons adding that the trial of 33 Boko Haram Terrorists members was currently going on at various divisions of the Federal High Court.

The minister pointed out that towards this end, 116 terrorists facing charges filed by Government are among those awaiting trial in Kainji.

He listed challenges hampering prosecution of cases against Boko Haram to include, “Poorly investigated case files due to pressure during the peak of conflict at the theatre.

Others are, “Over reliance on confession-based evidence, lack of forensic evidence, absence of cooperation between investigators and prosecutors at pre investigation stages”.

Also included are, “Poor logistical facilities to transport defendants from detention facility to court for trial; Scarcity of skilled/trained forensic personnel to handle investigation of complex cases.

Furthermore, there is challenge of “Inadequate security for counsel handling terrorism cases and converting military intelligence to admissible evidence”.

The minister however stated that government has approved a list of prosecutors to handle the cases, with the Legal Aid Council expected to also release a list of defence counsels to stand in for the detainees/defendants.

The statement reads, “The proposed prosecutions of over 1600 detainees held in Kainji will commence by early October, 2017 after the opening of the new legal year.

“Currently, four judges have been deputed by the Chief Judge of the Federal High Court to sit on the cases at Kainji and dispose of them expeditiously.

“It is expected that the special prosecutions will start with the detainees in Kainji followed closely by the disposal of the cases of the detainees in Giwa Barracks, Maiduguri until the cases are exhausted.

“The Office of the National Security Adviser (ONSA) as the coordinator of terrorism matters is expected to assist the court by providing the relevant detainees access to de-radicalization programmes where necessary.

“This is the report of the on-the-spot assessment of the facilities and other incidentals preparatory to the commencement of trial of the over 1600 suspected Boko Haram terrorist in detained in a military detention facility located in Wawa Barracks, Kainji, New Bussa, Niger State following successes recorded by the Nigeria Army and other security agencies in the fight against terrorism in Nigeria.

“A team comprising representative of the Office of the National Security Adviser (ONSA), Federal High Court and the Office of the Attorney-General of the Federation were dispatched to Kainji from the 12th to 14th of September, 2017 to carry out the assessment and to discuss with relevant authorities and organization in final preparation of the all-important national assignment”.

The statement which was signed by his Press Secretary, Mr. Salihu Isah further disclosed that from the minister’s investigations, there were four categories of suspects at the Kainji detention facility.

They are categorized as: “Boko Haram suspects who were hitherto investigated by the Joint Investigation Team set up by the Defence Headquarters otherwise known as DHQ/JIT and case files transmitted to the Attorney-General of the Federation and after a careful review of the cases based on their individual merit, it was discovered that they have no prima facie cases that will sustain a charge against them in any court of law hence were recommended for release and handed over to the Office of the National Security Adviser (ONSA) for rehabilitation and/or de-radicalization”.

“The second category is the set of suspects that the Attorney-General found prima facie cases against them and charges already filed at the Federal High Court, Abuja Division who are also mostly in the detention facility under reference and may be willing to plead guilty for a lesser sentences.

“The other category are the suspects whose case file are either recommended for further investigation or that have no investigation conducted on them at all hence they do not have case files that will warrant the Attorney General of the Federation to form any opinion in respect of their case.

“Lastly, the fourth category is the suspects whose cases were reviewed and a prima facie were found and may be willing to opt for a full trial.

“From the above categorization, it is important to state that the number of the suspects affected by any of the aforementioned categories would only be determined when the trial has commenced” the statement noted.

END