‘With or without FG’s gazette, bandits remain terrorists,’ says AGF Malami

Many months after a Federal High Court in Abuja had ruled to designate bandits operating in the North West and Central regions of the country ans unleashing mayhem on residents, as terrorists, Federal Government has explained its delay in officially declaring them as such.

Explaining the delay, Tuesday, Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami, said the gazetting of the court order declaring bandits as terrorists will, however, be done in the next few days, even as he admitted that since the court had already declared them as terrorists, they remain so.

The AGF who gave the clarification while as featured guest on a Nigerian Television Authority (NTA) programme in Abuja on Tuesday, disclosed that Federal Government is also trying to ensure that its action on the matter complies with best international best practices.

“The gazetting of a court order or judgement is a process but what matters fundamentally within the context of the international convention is the judicial declaration and that has been obtained; the court has declared bandits, kidnappers, cattle rustlers as terrorists.

“So, with or without the gazette, what gives effect to such declaration is a judicial pronouncement but the gazette is a mere formality and it has been on and I believe within a matter of days, it will be concluded.”

The minister explained that because of the implication of its action, which allows the government to apply maximum force on terrorists, it wanted to be sure it operates within the confines of international laws.

“Government has a responsibility to act but within the context of acting, you’re equally expected to operate within the confines of international best practices associated with engagement, and one of such best practices is that you can only use maximum force on groups, individuals that are declared terrorists and that is where the application of the Terrorism Act comes in place.

“Whatever military hardware you acquire, there are limits within the context of the international convention as to how it can be used, when it can be used, and against who it can be used. And that is how the idea of looking at the activities of the bandits, cattle rustlers, kidnappers come into being.

“Our assessment took into consideration that they are causing a major threat to the territorial peaceful co-existence and causing a major threat to lives with weapons.

“The idea then came about that indeed they (bandits) have satisfied the criteria of being declared terrorists within the context of the law so that whatever military hardware at the disposal of the federal government can best be used against them within the context of the international convention and within the context of the law,” Malami added.

He noted that the declaration of bandits as terrorists has cleared the way for ‘the deployment and usage’ of the recently acquired Super Tucano fighter jets against them.

“One thing I can tell you is any international conventional demands associated with the usage of the Super Tucano has been obtained which is a judicial pronouncement and declaration of bandits, cattle rustlers and kidnappers as terrorists,” the minister said.

It would be recalled that a Federal High Court sitting in Abuja, has back in November 2021, proscribed Yan Bindiga and Yan Ta’adda bandit groups and subsequently declared that their activities constitute acts of terrorism.

Justice Taiwo Taiwo, presiding judge, granted the order in November following an exparte motion filed by the Director, Public prosecution (DPP), Federal Ministry of Justice, Mohammed Abubakar.

In its affidavit filed in support of the motion, the Federal Government argued that intelligent reports available to it indicated that the bandit groups have orchestrated several killings, abductions, rapes, kidnappings and related acts of criminality in the north-east, north-central and other parts of the country.

The Federal Government further told the court that the bandits groups were responsible for the growing cases of banditry, incessant kidnappings for ransom, kidnapping for marriage, mass abductions of school children and other citizens, cattle rustling, enslavement, and unlawful imprisonment.

Some other crimes attributed to the groups are severe deprivation of physical liberty, torture, rape, sexual slavery, enforced prostitution, forced pregnancy, other forms of sexual violence, attacks and killings in communities and commuters and wanton destruction of lives and properties in Nigeria, particularly in the Northwest and North Central states in Nigeria.

“The activities of Yan Bindiga and Yan Ta’adda groups and other similar groups constitute acts of terrorism that can lead to a breakdown of public order and safety and is a threat to national security and the corporate existence of Nigeria,” the affidavit read in part.

Abubakar told the court that having become perturbed by the bandit groups’ activities, President Muhammadu Buhari gave approval for their proscription as terrorists groups.

Having heard the position of the DPP, Justice Taiwo, granted the motions as prayed by declaring the activities of the “Yan Bindiga group, the Yan Ta’adda group and other similar groups in any part of the country, especially in the north-west and the north-central as acts of terrorism and illegality.

The court outlawed the activities of the groups and other similar groups in any part of Nigeria, “either in groups or as individuals by whatever names they are called.”

It further made an order restraining “any person or group of persons from participating in any manner whatsoever, in any form of activities involving or concerning the prosecution of the collective intention or otherwise of the Yan Bindiga group and the Yan Ta’adda group under any other name or platform however called or described.”

Subsequently, and in line with the order of the court, AGF Malami assured Nigerians that ‘the government will gazette, publish the proscription order.’

The AGF reportedly stated that acts of terror are responsible for the myriad of insecurity challenges in Nigeria.