A legal practitioner and public affairs commentator, Justice Osai Ahiakwo, has said the recent resolution by the Senate calling on the Federal Government to suspend the reintegration of repentant Boko Haram members carries significant political and oversight value but does not have the force of law.
In an interview in Calabar, Ahiakwo explained that while the Senate is constitutionally empowered to pass resolutions expressing its position or urging the Executive to take specific actions, such resolutions are not legally binding unless backed by legislation or other constitutional authority.
He noted that under the Constitution, the President, as Commander-in-Chief of the Armed Forces and head of the Executive, bears primary responsibility for national security and the implementation of government policies, including rehabilitation and reintegration programmes for former insurgents.
According to him, such programmes fall within the Executive’s constitutional and administrative powers, provided they are authorised by law, implemented in accordance with due process and funded through duly approved appropriations.
The lawyer, however, stressed that membership of or support for Boko Haram does not shield any individual from criminal liability, insisting that suspects linked to terrorism or other serious crimes must be investigated and prosecuted where sufficient admissible evidence exists under the Terrorism (Prevention) Act and other relevant laws.
He maintained that reintegration should complement, rather than replace, criminal accountability, adding that the Senate’s position could be viewed as reflecting concerns over the rule of law, the rights of victims and public confidence in the administration of justice.
Ahiakwo further argued that any reintegration programme that overlooks accountability or appears arbitrary could face legitimate legal and constitutional scrutiny, noting that the central issue is not the existence of such a policy but whether it is implemented lawfully.
He said lawful implementation would require proper screening of participants, prosecution where evidence warrants, the lawful exercise of any clemency powers, and adequate safeguards for victims’ rights and public safety.
According to Ahiakwo, reintegration may legitimately occur after acquittal, completion of a sentence or other lawful processes recognised by the Constitution or statute, warning that a blanket policy of releasing or reintegrating all “repentant” insurgents without individual legal assessment and due process could undermine public confidence in Nigeria’s criminal justice and counter-terrorism framework.
