Lawyer Sues Tinubu, Nigerian Army, AGF Over Reintegration Of Repentant Boko Haram Insurgents

Human rights lawyer, Maxwell Opara, has filed a suit before the Federal High Court in Abuja seeking to stop the Nigerian military from further reintegrating repentant Boko Haram insurgents into society without criminal prosecution.

In the suit marked FHC/ABJ/CS/837/2026 and filed on April 23, Opara asked the court to restrain the Nigerian Army from continuing its Operation Safe Corridor Reintegration Programme pending the hearing and final determination of the case.

He also sought an order of mandatory injunction compelling the Attorney-General of the Federation to initiate and pursue criminal prosecution of over 700 repentant Boko Haram insurgents in line with the Terrorism (Prevention and Prohibition) Act, 2022, the Administration of Criminal Justice Act (ACJA), 2015, and other relevant laws.

The respondents in the suit are the Nigerian Army, the Attorney-General of the Federation, and President Bola Tinubu.

Opara is asking the court to determine whether the reintegration of over 700 former insurgents without criminal prosecution, judicial conviction, or sentencing by a court of competent jurisdiction is consistent with the provisions of the 1999 Constitution and the ACJA.

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He is also seeking declarations that such reintegration is unlawful, unconstitutional, and a violation of the rule of law, arguing that neither the Nigerian Army nor the AGF has the legal authority to grant what he described as “de facto immunity or amnesty” to individuals accused of terrorism, murder, kidnapping, and other violent crimes without legislative approval and judicial oversight.

According to the affidavit supporting the suit, Opara said many of the individuals released under the programme were reasonably suspected to have participated in acts of terrorism and other grave offences, yet were not subjected to criminal prosecution before being returned to society.

He argued that judicial powers are vested solely in the courts and that failure to prosecute such suspects weakens public confidence in the justice system while posing serious risks to public safety.

He further stated that exposing citizens to potential harm from unprosecuted offenders violates their constitutional rights to life, dignity, and personal liberty as guaranteed under Sections 33, 34, and 35 of the Constitution.

Opara urged the court to grant his reliefs in the interest of justice, national security, and the rule of law.
As of the time of filing this report, no judge had been assigned to hear the matter.