Human rights lawyer, Mr. Femi Falana (SAN), has criticised Nigerian judges for freeing individuals accused of looting billions of naira meant for arms procurement, saying such judicial decisions are undermining the fight against terrorism and banditry in the country.

Falana said the courts were “not helping matters” by relying on what he described as dubious technicalities to discharge prominent figures indicted for stealing security funds, even as soldiers on the frontlines remain poorly equipped.

Speaking with journalists at his Ilawe-Ekiti hometown on Saturday, the senior advocate lamented that terrorists and bandits now appear better armed than Nigerian troops because funds meant for weapons and logistics were diverted by “well-known criminal elements.”

According to him, members of the Nigerian Armed Forces are capable of defeating insurgents and bandits without foreign intervention if they are properly equipped and motivated.

“If the members of the Armed Forces are well equipped and motivated, they can deal with terrorism and banditry. But as a result of the neglect of vital security institutions over the years, the ragtag armies of criminal elements are winning the war on terror. It is a shame,” Falana said.

He accused some military officers and their civilian collaborators of stealing money earmarked for arms procurement, noting that the situation had been worsened by court decisions that allowed such suspects to walk free.

“How do you fight terrorism in an environment where the money budgeted for procurement of arms and ammunition is stolen by well-known criminal elements in society?” he queried.

Falana said his experience defending soldiers and officers charged under the Armed Forces Act had shown him that many were willing to prosecute the counter-insurgency war but lacked vital equipment.

“The money earmarked for procurement of arms and ammunition was stolen by a coterie of military officers and their civilian collaborators. The courts are not helping as they hide under dubious technicalities to free the indicted criminals who stole billions of naira meant for security,” he said.

Citing specific cases, Falana said a former service chief accused of stealing N22.8bn was freed by a Federal High Court on the grounds that he was not tried before a court martial, even though the charge was money laundering, which falls under the exclusive jurisdiction of the Federal High Court.

“The money earmarked for procurement of arms and ammunition was stolen by a coterie of military officers and their civilian collaborators. The courts are not helping as they hide under dubious technicalities to free the indicted criminals who stole billions of naira procurement funds.

“For instance, a service chief was charged with stealing N22.8bn. The Federal High Court freed him on the ground that he was not charged before a court martial. Meanwhile, he was charged with money laundering, which can only be tried exclusively by the Federal High Court.

“A former governor was charged with stealing N6.9bn from the Office of the then National Security Adviser, Col. Sambo Dasuki. A judge has just freed him without even allowing him to defend himself.

Civilians who stole about N200bn have been asked to go home and enjoy the stolen funds earmarked for the purchase of military hardware. Meanwhile, our soldiers are ill-equipped because of the criminal diversion of the huge funds.

“So, the government must put in place a mechanism for the recovery of money meant for the procurement of arms and ammunition that have been stolen. This is with a view to using the fund for the purpose for which it was meant as a matter of urgency.

“If you equip your armed forces and motivate the members, Nigeria can fight terrorism and banditry without the intervention of any country. To secure Nigeria is not the business of any foreign nation; it is the duty of the government under the constitution, and that duty must be carried out by the government.

“There is no indication that the government is incompetent and cannot secure Nigeria. Since Nigerians know where the problems lie, we have a duty to compel the government of our country to carry out its responsibility under the law.”

Falana urged the Federal Government to urgently put in place a mechanism to recover stolen security funds and channel them back to arms procurement.

“If you equip and motivate your armed forces, Nigeria can fight terrorism and banditry without the intervention of any country. Securing Nigeria is not the business of any foreign nation; it is the constitutional duty of the government,” he said.

Reacting to the recent US airstrike on a terrorist base in Sokoto and the Federal Government’s claim that it provided intelligence for the operation, Falana warned against foreign involvement that could inflame religious tensions.

“Let the Nigerian government be warned not to allow US President Donald Trump to promote religious war in Nigeria. Criminals killing Nigerians do not care about religion. The war against terror must not divide our people along religious or ethnic lines,” he said.

He added that insecurity could not be tackled without addressing unemployment and social hardship, warning that idle youths were more likely to drift into crime.

Recall that insecurity worsened towards the end of last year, with rising cases of banditry, killings and kidnappings for ransom.

US President Donald Trump, who described the situation in Nigeria as attacks on Christians, ordered airstrikes on terrorist targets in the country, one of which was carried out in Sokoto on Christmas Day. The Federal Government said it provided intelligence support for the operation, a development that has since generated mixed reactions nationwide. (The PUNCH)

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