The Attorney-General of the Federation and Minister of Justice Abubakar Malami (SAN) has said the delay in officially gazetting bandits as terrorists was to ensure things were done in line with international best practices.
Malami made the clarification Tuesday while featuring on NTA Good Morning Nigeria, monitored by Blueprint in Abuja.
He, however, said the court declaration was enough to give the bandits a terrorist tag and be treated accordingly.
Following an ex parte application by the federal government, Justice Taiwo Taiwo of the Federal High Court Abuja, on November 26, 2021, ruled that Yan Bindiga (Hausa word for gunmen) and Yan Ta’adda (Hausa word for terrorists) be declared as terrorists.
He said: “The gazetting of a court order or judgement is a process but what matters fundamentally within the context of international convention is the judicial declaration and that has been obtained; the court has declared bandits, kidnappers, cattle rustlers as terrorists.
“So, with or without the gazette, what gives effect to such declaration is a judicial pronouncement but the gazette is a mere formality and it has been on and I believe within a matter of days, it will be concluded.”
Furthermore, Malami explained that the situation regarding IPOB was due to the “threats to lives and properties they have caused in the nation.
“Government has a responsibility to act but within the context of acting, you are equally expected to operate within the confines of international best practices associated with engagement and one of such best practices is that you can only use maximum force on groups, individuals that are declared terrorists and that is where the application of the Terrorism Act comes in place.
“With that in mind, Nigeria acted, first by proscribing IPOB, taking into consideration the threats to lives and properties they have caused in the nation. Boko Haram was proscribed.”
“Now, we are confronted with another threat in the North-West associated with banditry, kidnapping, cattle rustling, and in all these, these people are using weapons to attack Nigerians, kidnap them, and created a situation of serious security challenge and fear in the system.
“Whatever military hardware you acquire there are limits within the context of the international convention as to how it can be used when it can be used, and against who it can be used. And that is how the idea of looking at the activities of the bandits, cattle rustlers, kidnappers comes into being.
“Our assessment taking into consideration that they are causing a major threat to the territorial peaceful co-existence and causing a major threat to lives with weapons, the idea then came about that indeed they (bandits) have satisfied the criteria of being declared terrorists within the context of the law so that whatever military hardware at the disposal of the Federal Government can best be used against them within the context of the international convention and within the context of the law,” Malami further said.
MBF tackles Malami
But the Middle Belt Forum (MBF) has said Malami’s actions and utterances were clear indications that there is no political will to end terrorism in Nigeria.
National President MBF Dr Bitrus Pogu stated this Tuesday in an interview with journalists in Abuja.
Pogu said: “I can never buy that line of thought. It means they have seen that their people who are doing mischief will be protected better if they are left as bandits.
“And as far as I am concerned, court orders are court orders and Malami has to obey it. If the court has made its declaration based on the practice of the people and their actions, they have been terrorizing people, they even shot down an aircraft, they have gone beyond the level of bandits and the court has declared them as terrorists and so it should be obeyed.
“Therefore the treatment the federal government should give to terrorists should be given to them. They are not a special breed. Recall that the Boko Haram was started by mainly Kanuris and later minorities and other groups joined. Today Boko Haram is predominantly Fulani.
“What makes them different from the people operating in the North West? They are one and the same. More importantly the court has declared them as terrorists, so that should be what they should be called; and that should be how they should be treated to enable us to have a solution to the problem we are having.
“Many of us have said that the truth about the matter is that this thing is lingering because there is no political will. And the action of Malami is an indication that there is no political will to end terrorism in Nigeria.
“And trying to give these criminals a safe haven does not solve any problem. They should be treated as terrorists and the declaration of the court should determine the name and their classification at the international level so that we can jointly rout this thing out of Nigeria and have peace.
“By so doing, all they are doing by exporting terrorism to other parts of the country will stop.”
Arrest financiers –Ndume
In a related development, Chairman Senate Committee on Army Ali Ndume has asked the federal government to name, arrest and prosecute suspected sponsors and financiers of terrorism in Nigeria.
Ndume spoke Monday on a Channels Television program, Political Paradigm.
The lawmaker said he was still embarrassed with past attempts to nail him as sponsor of the Boko Haram.
The lawmaker who recalled his travail while being tried as sponsor of Boko Haram sect, said his only offence was that the Department of State Services (DSS) tracked his phone and uncovered a call made by a spokesman of the insurgents and attempted using that to label him as a financier of the group.
Ndume said: “If there is evidence that somebody is funding Boko Haram and there is clear evidence after doing your investigation, why don’t you tell Nigerians? Why don’t you prosecute them?
“Just because they were tracking my phone and they said a spokesman of Boko Haram called me, they arrested me.
“They didn’t even ask me and they didn’t do any intelligence work. The then Senate President (David Mark) called me and said the DSS wants you to report that they have some questions.”
On getting to the DSS office, the lawmaker further recalled, rather than allowing him avail the Service of useful information that would assist its operation, he was interrogated and consequently, “the DSS, through the then spokesperson, Marilyn Ogar, briefed journalists” and accused him of sponsoring terrorism.
Bandits kill 9, troops kill 2
Meanwhile, bandits have killed nine people and injured five others during the attacks on Kudu da Gari near Sabon Birni, Rugarr Goshe near Rigachikun both in Igabi local government area and Filin Idin Barebare in Zaria local government area of Kaduna state.
This is just as troops also killed two bandits on the outskirts of Tumbau village, Kerawa in Igabi local government area following an interception, as the bandits were retreating to Malul Forest.
Kaduna state Commissioner for Internal Security and Home Affairs Samuel Aruwan disclosed this in a statement Tuesday.
He said: “The security forces have reported to the Kaduna state government that nine citizens have been killed, with five injured and hundreds of animals rustled by bandits during three attacks across Igabi and Zaria local government areas.
“According to the first report, bandits attacked Kudu da Gari settlement in Sabon Birni, Igabi LGA and killed seven residents, listed as: Dahiru Bilya, Jibrin Bilya, Dayyabu Adamu, Bashir Habibu, Jabir Shuaibu, Buhari Habibu and Abubakar Habibu.
“Four others were left critically injured, and were rushed to a medical facility for treatment. They are identified as: Audi Mohammad, Mubarak Ilya, Balarabe Junaidu and Umar Bilya.
“In another incident, bandits invaded a herders’ settlement called Ruggar Goshe, on the outskirts of Kangimin Sarki village, Rigachikun, Igabi LGA. One Auwal Koshe was shot dead by the brigands, who then rustled about 250 goats and sheep from the settlement.
“Furthermore, bandits attacked another herders’ settlement at Filin Idin Barebare, Zaria LGA, where they killed one Abubakar Mohammad. One Abubakar Aliyu sustained gunshot injuries to his ribs, and is receiving medical attention. The bandits then rustled an unspecified number of cattle from the settlement.
“On another note, troops have reported that two bandits were neutralized around the outskirts of Tumbau village, Kerawa, Igabi LGA. The bandits were retreating to the Malul forest when they were intercepted by the troops, and two of them were neutralized in the ensuing fire fight, with an AK-47 rifle recovered.
“Expressing his grief at the reports of the attacks, Governor Nasir el-Rufai prayed for the repose of the souls of the citizens who lost their lives, and sent his deepest condolences to their families. The governor wished the injured a speedy recovery.
“Governor el-Rufai commended the troops for their alertness and swift response during the engagement which saw two bandits neutralized. Patrols and monitoring have been sustained by security agency in the general areas,” Aruwan said.
