Illegality of negotiating with terrorists

It is public knowledge officials of the Federal Government and some State Governments have been holding meetings and negotiating with terrorists and bandits. Based on the negotiations, thousands of ‘repentant’ terrorists and bandits have been forgiven and given cash gifts of undisclosed sums of money. Since the satanic Boko Haram sect and similar bodies have been proscribed under the Terrorism (Prevention and Prohibition) Act, their members and allies shall be prosecuted and not pampered and forgiven by the Nigerian State.

Indeed, by virtue of the letter and spirit of the Terrorism (Prevention and Prohibition) Act, it is a grave offence to hold meetings or associate with criminals who have engaged in terrorist attacks including the abduction of citizens in any manner whatsoever and howsoever. For the avoidance of doubt, section 22 of the Act states as follows:

“A person who knowingly—(a) arranges, manages, assists in arranging or managing, participates in a meeting or an activity, which in his knowledge is concerned or connected with an act of terrorism or terrorist group, (b) collects, or provides logistics, equipment, information, articles or facilities for a meeting or an activity, which in his knowledge is concerned or connected with an act of terrorism or terrorist group, or (c) attends a meeting, which in his knowledge is to support a proscribed entity or to further the objectives of a proscribed entity, commits an offence, and is bliable on conviction to imprisonment for a term of at least 20 years.”

In view of the clear and unambiguous provisions of the law, state governors lack the power to grant pardon to the so-called terrorists and bandits. What is required under the law is that all terrorists and bandits arrested by the security forces shall be prosecuted by the Attorney-General of the Federation. It is after they have been convicted and sentenced to “at least 20 years” imprisonment that the President may exercise his prerogative of mercy in favour of convicted terrorists and bandits in deserving cases.

However, in exercising his prerogative of mercy, the President must bear in mind that it is not in the interest of national defence, public safety, public order or public morality to grant pardon to terrorists and bandits who had engaged in the abduction of citizens including school children, gang rape of women and school girls, decapitation or beheading of victims of abduction, burning of schools etc.

(Being an extract from the keynote address titled “Rising Under Pressure-Human Rights in an era of insecurity, Economic Strain & Democratic Uncertainty” delivered by Femi Falana at the Amnesty International Second AGM 2026, held at Abuja on June 13, 2026).

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