SALVATION OR JUDGMENT FOR THE ALLEGED UNDESERVING?
It is no longer news that the Federal Government of Nigeria, under the leadership of President Buhari has decided to offer amnesty to the repentant members of the most feared group of people in Nigeria (Boko Haram). But does repentance stop justice from being served?
Terrorism and amnesty?
Amnesty is an official pardon to those who have committed an offence against the government (State). Section 175 of the Constitution of the Federal Republic of Nigeria confers on the President the right to pardon any person convicted of any offence created by an Act of the National Assembly. (Emphasis added).
Terrorism is a violent action, such as assassination or bombing, committed for political reasons. Terrorism generally entails the use of threat, force or violence on harmless persons or group of persons in order to achieve a particular goal. Obviously, it cannot be said to be a good goal because it poses threats to the people of Nigeria.
Section 1 (1) of the Terrorism (Prevention) Act, defines a terrorist as a person who involves in the act of terrorism and section 1 (2) of the same Act explains an act of terrorism as any act which is deliberately done with malice and which causes harm to a country or an organisation, such as the Boko Haram.
The Terrorism (Prevention) Act, sections 31 & 33 state the penalties for terrorism which include 20–30 years imprisonment and the Terrorism (Prevention) (Amendment) Act, 2013, states not less than 20 years imprisonment. Other penalties include forfeiture of any property funds or assets accrued by the convicted person in the course of the terrorist activities.
The Terrorism (Prevention) (Amendment) Act, 2013, prescribes life imprisonment and a minimum of 20 years imprisonment for anyone one who is a member, conspires, aids another or attempts to commit terrorism- section 16–20.
Though the President has decided to pardon the repentant members of the Boko Haram by granting them amnesty (Section 175 of the Constitution of the Federal Republic of Nigeria) however, Boko Haram still poses a threat to the Northern part of the country and it is obvious the amnesty program set up by the government may not be the solution to this continuous attacks.
Can we then afford to assume that there are repentant members when the group still carries out its evil operations? The amnesty has not in any way prevented further violence in the north. The peace of the nation is still being threatened and perpetrators of this evil have not been made to face any form of justice. It is presumed that these attacks continue because Boko Haram believes that no matter the number of atrocities that have been committed, they would still be pardoned.
Niger Delta Militants and Boko Haram
The Amnesty program granted to the Niger Delta Militants is a little different from the one granted to the repentant Boko Haram members. The Boko Haram group was once offered amnesty during the time of President Goodluck Jonathan but the group rejected it.
Boko Haram is a group of terrorists whose major aim is to oppose western education, while the Niger Delta Militants did not oppose western education, rather, they felt cheated by the Government of Nigeria and needed to put an end to it by wrongfully taking laws into their hands.
The Niger Delta Militants surrendered their arms and ammunition and their evil activities reduced, but the Boko Haram group still launch attacks on the Northern parts of the country.
Granting Boko Haram amnesty has not stopped their violent activities, as opposed to the way it was for the Niger Delta Militants.
Boko Haram and violation of the Rights of Nigerians
Right to life: Section 33 (1) of the Constitution of the Federal Republic of Nigeria guarantees the right to life of every Nigerian. However, Boko Haram has taken the lives of many Nigerian citizens and still threatens their lives as many Nigerians live in fear of their lives being taken by this group. We can’t but mention the recent execution of five aid workers in Borno state. But the repentant members of the group are enjoying this right.
Right to freedom of movement: Section 41 (1) of the Constitution of the Federal Republic of Nigeria guarantees the right to freedom, but Boko Haram has held some Nigerians Hostage, such as the Chibok girls. The Northern part of Nigerian is no longer safe to walk freely for fear of being attacked, but the repentant members Boko Haram walk freely in white and green uniform.
Right to acquire immovable property: (Section 43 of the Constitution of the Federal Republic of Nigeria). Those in the IDP camps cannot say they have enjoyed this right as Nigerian citizens, because, they have been displaced of their homes by Boko Haram. Their homes and properties have been destroyed as a result of the different attacks by this group. But the Nigerian Government has decided to grant them pardon for all they have done and still doing.
We should be reminded that this group of terrorists oppose western education but the government wants to provide them education. However, majority of the children in the IDP camps do not have access to education.
The question is, what happens to the Terrorism (Prevention) (Amendment) Act, 2013 enacted to punish and dissuade terrorism as proposed by the National Assembly? The Terrorism (Prevention) (Amendment) Act, 2013 amends the Terrorism (Prevention) Act, 2011, but it still has not been able to tackle this problem.
Majority of Nigerians believe that strict prosecution of members of the Boko Haram would expose their terrorist activities and which may eventually bring their leader and sponsors to book, and this in my opinion is what should be the forefront of the agenda for the peace that the Federal Government of Nigeria is trying to achieve.
