Mass trials test judiciary

Nigeria is gearing to conduct a fourth phase of mass trials for Boko Haram suspects currently in military detention. Mass arrests on insurgents began in 2009 and reached a peak in 2013. The Institute for Security Studies (ISS) notes that many weren't carried out according to criminal procedure or international human rights norms, presenting significant challenges for the criminal justice system. It points out that the mass trials of terror suspects in 2017 and 2018 show a positive inclination to use the courts instead of the military to address the issue. ‘Criminal justice responses based on the rule of law are key as they strengthen the legitimacy of the state and give a voice to victims. But the trials exposed significant problems with Nigeria's criminal justice system. Weak investigations, arbitrary arrests, unlawful detention and the absence of legal aid and evidence marred the cases. This is bad not just for counter-terrorism in the region and in Africa, but also for Nigeria's ability to deliver justice for other offences generally,’ the ISS states. It has called on the Nigerian authorities to revisit the recently adopted UN Guidelines on the role of the military in collecting evidence for trial from battlefield contexts. ‘Legislative reform to address the challenges of investigating, prosecuting and adjudicating terrorism offences is also needed. The priority is to learn lessons from Nigeria's previous terror trials before the fourth round begins so that mistakes aren't repeated, the statement adds.

ISS Statement