Maxwell Opara, a human rights lawyer, has filed a suit against President Bola Ahmed Tinubu, the Nigerian Army and the Attorney-General of the Federation over the reintegration of repentant terrorists.
In the suit filed at the Federal High Court in Abuja, Opara asked the court to stop the reintegration of former Boko Haram members into society.
The case, marked FHC/ABJ/CS/837/2026, seeks an order restraining the army from continuing the Operation Safe Corridor reintegration programme pending the determination of the suit.
Opara also asked the court to compel the Attorney-General of the Federation to initiate criminal prosecution against over 700 repentant insurgents.
He said the prosecution should be carried out in line with the Terrorism (Prevention and Prohibition) Act, 2022, the Administration of Criminal Justice Act, 2015, and other relevant laws.
The lawyer is asking the court to determine whether reintegrating insurgents without prosecution, conviction or sentencing complies with the provisions of the 1999 constitution and the ACJA.
He also seeks a declaration that the reintegration of the insurgents without prior prosecution and conviction is unlawful and unconstitutional.
Opara argued that the Army and the Attorney-General lack the legal authority to grant de facto immunity or amnesty to individuals accused of terrorism and related crimes without legislative backing.
He further asked the court to declare that the army’s actions violate the doctrine of separation of powers and amount to a usurpation of judicial authority.
In an affidavit supporting the suit, Opara said over 700 former insurgents had been released and reintegrated under the programme without trial.
“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.
“I know that failure to prosecute persons accused of serious crimes erodes public confidence in the justice system and the rule of law,” he said.
Opara said the reintegration of untried insurgents poses a risk to public safety, stressing that unless the court intervenes, the respondents would continue the programme.
“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.
Opara urged the court to grant his prayers in the interest of justice, national security and the rule of law.
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