With the non-passage of the Terrorism Amendment Bill by the National Assembly, the trial of some key suspects is yet to begin. In custody without trial are those allegedly involved in the bombing of the UN House, the Police Headquarters and St. Theresa’s Catholic Church in Madalla, Niger State.
The Nation gathered yesterday that the nation’s laws, which ought to be used, are rated as weak and may not guarantee justice.
Four key Boko Haram leaders are still in custody in the last one year without trial over these fatal bombings.
Those in custody are Ali Sanda Umar Konduga (a.k.a Usman Al-Zawahiri), who was jailed for three years in December 2011; Ismail Kwaljima (a.ka. Abu Summaya); Babagana Mali (a.k.a Bulama); and Kabiru Sokoto.
Two of the Boko Haram leaders (Bashir Madalla and Habeeb Umar Bama) died allegedly during a shoot-out with the JTF and security agencies.
The list is outside the 19 Boko Haram leaders recently declared wanted by the JTF with N290million ransom placed on them.
Security agencies have not arraigned the suspects in court because the National Assembly is yet to pass the Terrorism Amendment Bill.
A source, who spoke in confidence, said: “We are still keeping these key suspects because the National Assembly has not passed the Terrorism Amendment Bill.
“In fact, the Senate on December 19, 2012 suspended further consideration of the bill because it makes provision for the Office of National Security Adviser which was said to be unknown to the 1999 Constitution.
“It means that we may have to wait for a while before we can arraign the suspects in court. What security agencies do is to renew court order to detain these suspects.
“We hope the National Assembly will give the bill accelerated consideration when they resume from recess.
“Once the bill is passed and assented to by President Goodluck Jonathan, the trial of these suspects will begin. The international community is shocked that we have not risen to the challenges of terrorism with appropriate laws.
Asked why the suspects could not be tried under existing laws, the source said: “These laws are weak to ensure justice for the offences allegedly committed.
“Our laws are not in line with international standards for fighting terrorism, which is now a global menace. At present, some of the suspects, who were arrested in connection with bombings, are being tried under the anti-terrorism clause in the EFCC Act.
“We have weak laws prescribing three, five to 20 years imprisonment for terror acts which claim many lives. These laws are so deficient that most terror suspects took advantage of it in 2009 to get bail in court and evade justice. And the punishment is at the discretion of the trial judge.
“The drafters of the laws did not envisage the magnitude of terrorism at our doorsteps.”
Responding to a question, the source added: “We have lawyers who collaborate with terror suspects to secure bail for them and take advantage of the weak laws to set them free.
“We will not get justice for the victims of terrorism and the nation, if we try these suspects under the existing laws.”
Another source said the security agencies are “unhappy by the slow pace at which the National Assembly is working on the bill”.
“Yet, this is a bill which borders on national security and safety. This bill ought to be on priority list.”
The Director-General of the State Security Service (SSS), Mr. Ekpenyong Ita, in June 2012 had a confidential session with senators in Uyo, where he said terror suspects had been abusing judicial process to regain freedom.
The SSS boss pleaded with the National Assembly to come up with harsh sanctions to check terrorism.
Ita said: “As representatives of the people, you should drive the processes of development which will enhance security by enacting appropriate legislation to address specific issues.
“Appropriation of funds, which is one of your key functions, provides ample opportunity to engineer various sectors of the economy to serve the common good.
“The National Assembly, to its credit passed the Anti-Terror Bill into Law in 2011 and approved the declaration of state of emergency in Local Governments contending with Boko Haram activities. Be that as it may, as the representatives of the people much more is expected from you.
“The National Assembly should review the Anti-Terrorism Law in the light of recent developments. It has been observed that the current legislation is weak in some areas, particularly award of sanctions to culprits.
“For instance, the sanction regime is encumbered by the provision which gives a trial Judge the discretion to award a punishment of 20 years or less even if the terrorist act resulted in the death of victims.
“This provision allows high-risk terror suspects to be released on bail on a capricious exercise of judicial discretion.
“To reduce the possibility of abuse of judicial process, the new legislation should preclude granting of bail to terror suspects pending the determination of the substantive case.
“And the Service advocates a relief similar to provision in the Electoral Act 2011 which restrains a court of law from issuing an interim order to stop the process of election. “Incorporating a similar restriction into the Anti-Terror Bill will reduce the compromise of the judicial process through the granting of bail to high-risk suspects under the guise of exercising judicial discretion.”
