Prominent Nigerian human rights lawyer, Mr. Femi Falana, SAN, has formally petitioned the Attorney-General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, demanding immediate action against individuals implicated in serious crimes. Falana specifically calls for the re-arrest and prosecution of 10 soldiers accused of killing three police officers in Taraba State, alongside the arraignment of 400 alleged financiers of terrorism. This petition underscores a critical demand for accountability and justice, revisiting cases Falana alleges were abandoned by the previous administration.

Central to Falana’s petition is the accusation that the former Attorney-General of the Federation, Mr. Abubakar Malami, SAN, deliberately shielded these suspects from prosecution. The human rights advocate asserts that overwhelming evidence existed to pursue these cases, yet they were reportedly halted or neglected. Copies of this significant petition have also been forwarded to the National Security Adviser, Mallam Nuhu Ribadu, highlighting the national security implications of the allegations.

Falana characterized the withdrawal of terrorism charges against the soldiers and the failure to prosecute numerous alleged terror financiers as a grave abuse of prosecutorial powers and a profound betrayal of public trust. He stressed that such actions undermine the integrity of the justice system and embolden those who commit serious offenses against the state and its citizens. The lawyer’s intervention aims to compel the current justice minister to rectify these alleged past failings.

The case involving the soldiers dates back to August 2019, when a squad of 10 soldiers, led by an Army Captain, ambushed and killed three police officers in Jalingo, Taraba State. The police officers had successfully apprehended a notorious kidnap suspect, Bala Hamisu, also known as Wadume. Falana alleges that this “cold-blooded murder” was intended to conceal the soldiers’ deep involvement in kidnapping operations and their illicit collection of billions of naira in ransom from innocent citizens across the state.

Despite the soldiers being arrested and subsequently charged with terrorism offences at the Federal High Court in Abuja, the proceedings were abruptly terminated. This termination occurred after Mr. Malami exercised his power of nolle prosequi, discontinuing the case. Falana vehemently argues that this move was unconstitutional, citing Section 174(3) of the 1999 Constitution, which mandates that the Attorney-General must exercise powers in the public interest and the interest of justice. He maintains that the discontinuance of this particular case served neither.

Furthermore, Falana expressed deep concern over what he described as a wider and more dangerous cover-up concerning terrorism financiers. He recalled that in November 2020, six Nigerian nationals were convicted in the United Arab Emirates for financing Boko Haram, with two receiving life sentences and four others jailed for 10 years, having transferred approximately $782,000 to the terrorist group. He lamented the stark contrast, noting that while foreign courts were securing convictions against Nigerian terror sponsors, Nigerian authorities reportedly failed to bring even a single financier to justice domestically.

The UAE convictions prompted significant action from Nigerian security agencies, including the Nigerian Financial Intelligence Unit (NFIU) and the Department of State Services (DSS), leading to investigations and the arrest of hundreds of suspects. In May 2021, Mr. Malami publicly announced the arrest of 400 terrorism financiers, assuring the public that they would face prosecution following the resolution of a judicial workers’ strike. However, Falana highlights that despite the strike’s suspension, no charges were filed, and the suspects were effectively shielded.

Falana’s petition asserts that repeated assurances of impending trials proved to be empty promises. He claims that the case files for these 400 suspected financiers remain dormant in the Office of the Attorney-General, while many of the suspects have reportedly regained their freedom. The lawyer concluded by emphasizing a critical point: Nigeria cannot effectively win the war against terrorism if those who finance and execute it are protected. He firmly calls for an end to the era of impunity to ensure national security and uphold the rule of law.

Falana’s demands place considerable pressure on the current Attorney-General to revisit these high-profile cases, which have significant implications for Nigeria’s fight against insecurity and corruption within its justice system. The call for re-arrest and prosecution serves as a test of the government’s commitment to transparency and accountability in tackling terrorism and upholding the principles of justice for all citizens.

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Keywords: Femi Falana, terror financing, Abubakar Malami, Attorney General, Taraba killings, nolle prosequi, human rights lawyer, judicial accountability