Human rights lawyer Maxwell Opara files suit against President Tinubu, the Nigerian Army, and AGF, seeking to halt reintegration of over 700 repentant Boko Haram insurgents without prosecution.
Human rights lawyer, Dr. Maxwell Opara, has dragged President Bola Tinubu, the Nigerian Army, and the Attorney-General of the Federation (AGF) to court, seeking to halt the reintegration of repentant insurgents into society.
Opara approached the Federal High Court in Abuja, praying the court to restrain the Nigerian military from further reintegrating repentant insurgents.
He also sought an order of mandatory injunction compelling the AGF to initiate and pursue criminal prosecution of over 700 repentant Boko Haram insurgents.
According to him, such prosecution should be in accordance with the provisions of the Terrorism (Prevention and Prohibition) Act, 2022, the Administration of Criminal Justice Act (ACJA), 2015, and other relevant laws.
In the suit marked FHC/ABJ/CS/837/2026, filed on April 23, Opara requested the court to direct the Nigerian Army to immediately suspend the Operation Safe Corridor Reintegration Programme pending the hearing and final determination of the case.
The originating summons named the Nigerian Army, the AGF, and the President as 1st to 3rd respondents, respectively.
The lawyer raised seven key questions for determination, including whether the reintegration of over 700 repentant insurgents into Nigerian society—without criminal prosecution, judicial conviction, or sentencing by a competent court—is consistent with the provisions of the 1999 Constitution (as amended) and the ACJA, 2015.
He is therefore asking the court to declare that reintegrating the insurgents without prior prosecution and conviction is unlawful, unconstitutional, and a violation of the rule of law and the ACJA, 2015.
Opara further argued that the Nigerian Army and the AGF lack the legal authority to grant de facto immunity or amnesty to individuals alleged to have committed terrorism, murder, kidnapping, and other violent crimes, without legislative authorisation and judicial oversight.
He also asked the court to declare that the actions of the Nigerian Army amount to a violation of the doctrine of separation of powers and a usurpation of judicial authority.
In an affidavit supporting the suit, Opara, who described himself as a public interest litigation lawyer, attached an official press release of the Nigerian Army as “Exhibit A.”
He stated that under the programme, over 700 individuals identified as former members of the Boko Haram terrorist group had been released and reintegrated into society.
“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.”
Opara emphasized that judicial powers are vested exclusively in the courts.
“I know that failure to prosecute persons accused of serious crimes erodes public confidence in the justice system and the rule of law.”
He further argued that reintegrating untried insurgents poses a real and substantial risk to public safety.
“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.”
The lawyer warned that unless the court intervenes, the respondents will continue the act.
He therefore 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 has been assigned to hear the matter.
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