VANGUARD
In December 2024, the Federal Government through the office of the National Counter-Terrorism Centre announced it had concluded about 1,743 terrorism-related trials between 2017 and 2024.
Addressing journalists in Abuja, the Director of Public Prosecutions of the Federation, Mohammed Babadoko stated that within the seven-year review period, 742 convictions were secured, while 888 individuals were discharged and acquitted, primarily due to insufficient evidence.
Giving a breakdown of the terrorism-related trials, Babadoko stated that in 2017, 50 suspects were convicted, while 203 were acquitted, with 28 cases adjourned to the following year.
According to Babadoko, 684 suspects were acquitted in 2018, while 316 were convicted, with 33 trials adjourned till 2019.
Vanguard’s analysis of the seven years records provided by Babadoko showed that the conviction rate for terrorism-related cases is approximately 42.6 per cent, implying that more that more than 51.2 per cent of the suspects were freed due largely to insufficient evidence.
Getting information about terrorism trials is often very difficult because the proceedings are conducted in highly protected places within military barracks. Due to outcry over the need to ensure transparency in the trial, a few human rights organisations and media representatives were allowed to monitor the proceedings.
Some persons familiar with the court proceedings but didn’t not want their names mentioned, disclosed to Vanguard, some of the key factors responsible for a large number of terrorism suspects being discharged by the trial courts.
Poor investigation, evidence collection
Vanguard’s findings during interaction with those familiar with the trials, revealed that security agencies involved in the investigation of many terrorism acts often lack the expertise, resources, or training to conduct thorough investigations and gather admissible evidence. Vanguard gathered that some prosecutors handling terrorism trials still rely majorly on confessional statements obtained under duress. In some of the aiding and abetting cases that were dismissed, the evidence against them were just their confessional statements which they denied making during trial.
Witness intimidation, protection
Another key factor why prosecutors are witnessing less convictions is due to lack of effective witness protection measures. Vanguard findings revealed that many witnesses in terrorism cases faced threats, intimidation and even assassination. Although trials are often conducted in secure military barracks, key witnesses often shy away from giving evidence during court hearings for fear of their lives. Vanguard gathered that the situation is further compounded because of Nigeria’s limited mechanisms for witness protection, which discourages individuals from testifying.
Lack of inter-agency coordination
Vanguard findings also revealed that inadequate coordination among law enforcement agencies and lack of information sharing, led to many disjointed and inefficient prosecution efforts. Some defendants, according to findings, were discharged on the ground that the security agency that initially arrested them did not properly document their findings before handing them over to the agency responsible for the trial. Although Vanguard could not get the exact number of cases dismissed on this ground, a lawyer who defended a suspect, but did not want his name mentioned, confirmed that his client was dismissed based on a mix-up of evidence.
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