Nigeria’s national security debate has taken a new turn as two prominent lawmakers, House of Representatives Member Bello El-Rufai and Senator Adams Oshiomhole raise alarm over what they describe as a dangerous and inconsistent legal pattern in terrorism-related judgments. Their concern follows a recent case in which a convicted Boko Haram member received a 20-year sentence, while separatist leader Nnamdi Kanu faces a life term for terrorism charges.
Their argument is simple yet explosive: when similar or more severe offenses receive drastically different punishments, the legitimacy of the justice system comes under serious doubt. For a country confronted by terrorism, banditry, separatist agitation, and insurgency, selective justice is not merely a legal flaw—it is a national security vulnerability.
The Case for Concern
Bello El-Rufai questioned the legal logic behind sentencing disparities in terrorism cases, warning that the perception of unequal justice builds distrust in the state and weakens the fight against violent extremism. His argument goes beyond politics; it speaks to a core doctrine of counter-terrorism: a system perceived as biased struggles to maintain legitimacy.
Senator Adams Oshiomhole went further, accusing sections of the judiciary of undermining the rule of law by reducing legally prescribed death penalties in terrorism, kidnapping, and mass-murder cases. He pointed to instances where individuals who defended themselves or their communities faced harsher sentences than convicted extremists.
The concern is not only the sentencing itself, but the implication that justice is negotiable.
Intelligence and Defence Implications
From a security standpoint, this issue has strategic consequences:
It Weakens Deterrence
Counter-terrorism relies heavily on deterrence psychology. When terrorists receive reduced sentences, it signals to violent actors that the cost of crime is low and negotiable. This creates a permissive environment for crime escalation.
It Fuels Radicalisation
Selective justice reinforces narratives used by extremist and separatist groups to recruit. If citizens believe the justice system protects some actors more than others, it strengthens grievance-based mobilization.
It Undermines Public Trust
Counter-terrorism depends on cooperation, intelligence sharing and community confidence. Public cynicism towards the courts spells danger for early-warning systems and intelligence gathering.
It Demoralises Security Forces
Security personnel risk everything on the frontline. When convictions result in lighter sentencing or judicial reversals, it demoralises those fighting terrorism daily, weakening the broader security ecosystem.
A Serious Threat to National Security Doctrine
Nigeria’s National Security Strategy emphasises rule of law, deterrence, and uniform application of justice as non-negotiable pillars. Yet, inconsistent sentencing in terrorism cases threatens those pillars. When the law can be bent, reinterpreted, or selectively applied, extremist actors feel encouraged rather than deterred.
No counter-terrorism strategy can succeed if the justice system communicates hesitation or uncertainty.
A Call for Uniformity and Clarity
The lawmakers’ position is not mere outrage. It is a strategic warning:
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Strengthen terrorism jurisprudence.
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Ensure consistent punishment for capital crimes.
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Insulate terrorism trials from political interference.
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Reinforce a justice system citizens can trust.
Nigeria’s battle against insurgency cannot be approached with a fractured judicial approach. The law must be uniform, predictable and impartial—because every inconsistency is a security risk.
Conclusion
The question is not whether Nnamdi Kanu, Boko Haram, ISWAP, or any other accused person deserves leniency or severity. The question is whether the system itself inspires confidence that justice is equal, consistent, and strategically aligned with national security goals.
Without fairness, credibility collapses. Without credibility, security collapses.
Selective justice is not a legal issue is a national security threat.
Publisher: DefenceTimesNG
