Williams Akpan, Calabar
A legal practitioner and public affairs analyst, Barrister Justice Osai Ahiakwo, has said the Nigerian Senate’s recent resolution urging the Federal Government to suspend the reintegration of repentant Boko Haram members carries political weight but has no binding legal force on the Executive.
Speaking with journalists in Calabar on Wednesday, Ahiakwo urged Nigerians to distinguish between parliamentary resolutions and enforceable laws, stressing that only legislation passed by the National Assembly and assented to by the President, or provisions expressly contained in the Constitution, can impose legal obligations on the Executive.
According to him, while the Senate is constitutionally empowered to pass resolutions expressing its position on national issues or advising the Executive, such resolutions do not automatically become law.
“Although the Senate has constitutional authority to pass resolutions expressing its views or advising the Executive, those resolutions do not become law unless backed by legislation or constitutional provisions,” he said.
Ahiakwo explained that responsibility for national security policies, including programmes relating to the rehabilitation and reintegration of former insurgents, rests primarily with the President and the Executive arm of government under the Constitution.
He noted that rehabilitation initiatives remain lawful provided they are implemented within the framework of existing laws, comply with due process and are funded through duly approved government appropriations.
The legal practitioner, however, stressed that rehabilitation should never replace criminal accountability for acts of terrorism.
“Membership of or support for Boko Haram does not protect anyone from criminal prosecution. Every suspect connected with terrorism should be investigated and prosecuted where sufficient admissible evidence exists,” he said.
He observed that the Senate’s resolution reflects widespread public concern over justice for victims of insurgency and the need to uphold the rule of law in the country’s counter-terrorism efforts.
Ahiakwo warned that any reintegration programme carried out without adequate transparency, accountability and legal safeguards could face constitutional and judicial scrutiny.
He maintained that authorities must thoroughly screen all participants, prosecute individuals where evidence warrants criminal charges, and ensure that the rights of victims and the safety of the public are not compromised.
According to him, reintegration should only occur after lawful processes have been exhausted, including acquittal by a competent court, completion of a custodial sentence, or the grant of constitutionally recognised clemency.
“Reintegrating all ‘repentant’ insurgents without proper legal assessment and due process could weaken public trust in Nigeria’s criminal justice system and its fight against terrorism,” Ahiakwo said.
He called on policymakers to ensure that any rehabilitation or reintegration programme strikes an appropriate balance between national security objectives, justice for victims and strict adherence to constitutional and legal principles.
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