Time for tough choices in Nigeria’s battle against terrorism, by Jiti Ogunye

In this piece, Jiti Ogunye, a prominent Nigerian lawyer, public interest advocate, and human rights activist, argues that outrage over the bombing of Jilli market exposes terrorism in Northern Nigeria as largely homegrown. He warns that unless stronger laws, emergency powers, and swift justice are implemented, terrorism will persist and further weaken Nigeria’s already strained security architecture.

The recent outrage spontaneously shown by some elites of Northern Nigeria’s extraction over the Nigeria Air Force ‘s bombing of the officially defunct but thriving Jilli border market between Yobe and Borno States, has, once again , demonstrated that terrorism in the North under the guise of Jihad is not a visiting plague from foreign lands but a locally nurtured violence , which was incubated years before now. Incubation completed , the violence has now blown up, engulfing the incubators , complicit bystanders and innocent victims.

Nigeria faces a brutal and relentless enemy embedded in the civilian population with hordes of sympathizers.The enemy line is constantly shifting and blurred.The anti-terror war being waged is not a conventional one with assemblage of infantry, artillery and air bombardment on one side in heroic advance and in hot pursuit of a retreating enemy on the other side. There are no well-defined war fronts and attack lines. The elusive enemy is ever present in the midst of the people who , paradoxically , are being protected from the enemy.

The enemy is in the population and it springs surprise attacks, ambushes , before it melts back into the poulation.

Therefore, a stubborn war of this nature requires a creative and comprehensive anti-terror war strategy and a ruthless efficiency in prosecution, for victory to be attained. This strategy should include a legislated adoption of emergency powers infused with expedited martial law adjudication. An envisioned “ Anti-Terrorism Emergency Powers Act”, tamed by a judicial review provision and a sunset provision , would enable anti-terrorism tribunals sitting permanently ( unlike convened adhoc or episodic court martials ) to swiftly try and punish ( by award of capital punishment ) terror war criminals. Under the Act, our civil courts will temporarily be divested of jurisdiction over terrorism and terror war crimes cases. Their usual lethargy is standing in the way of summarily dealing with terrorists and terror war criminals.

Under the Act, the State shall ensure that all those who may be sentenced to death shall, subject to a direct appellate review to the Supreme Court, to be expeditiously determined within 30 days of lodging the appeal , be ececuted immediately and not allowed to stay or remain on death row , in the correctional facilities. Execution means shall be modernized and any purported suspension of death penalty executions shall be lifted . Justice shall be served with military speed .

Therefore, a stubborn war of this nature requires a creative and comprehensive anti-terror war strategy and a ruthless efficiency in prosecution, for victory to be attained. This strategy should include a legislated adoption of emergency powers infused with expedited martial law adjudication

An enemy combatant, a terror-killer is not like a typical drug addict , who essentially is self-destructive ( more than he may destroy society ) , and who , thus, needs to be saved from himself by rehabilitation and could become a repentant drug addict. A terrorist, unlike a drug addict, aspires and works primarily to destroy peoples and society. When he destroys himself by suicide bombing, for example , he does so in order to maximize the carnage he wishes to cause other persons and society. It is , therefore , unwarranted to treat some terrorists as brainwashed murderers who deserve pity , brain reset, rehabilitation and reintegration into society. The deradicalization hypocrisy must be jettisoned forthwith .

As Nigeria buries and mourns her brave soldiers who have fallen to the savagery of these unrelenting bloodletters, we all must realize that it is not only the territorial integrity of Nigeria and its boasted indissolubility that is at stake. Our lives , humanity, freedoms and civilization are all at stake. Terrorism must not win the fight against our collective security , safety and peace. And barbarism must not triumph over our shared humanity.

May the souls of the slain receive a sweet repose , may the grieving and broken-hearted families receive succour, and may our wounded and groaning nation receive relief. Amen .