Renowned human rights lawyer and Senior Advocate of Nigeria, Mr Femi Falana, has launched a stinging criticism of the Nigerian judiciary, accusing some judges of weakening the fight against terrorism and banditry by freeing individuals alleged to have looted billions of naira meant for arms procurement and national security.
Speaking with journalists in his hometown of Ilawe-Ekiti, Ekiti State, on Saturday, Falana said judicial decisions that rely on what he described as “dubious technicalities” to discharge high-profile suspects accused of diverting security funds have had devastating consequences for the country’s safety.
According to him, the persistent insecurity across Nigeria is closely linked to the diversion of funds meant to equip and motivate the armed forces, leaving soldiers under-resourced while terrorists and bandits appear increasingly sophisticated and well-armed.
Falana lamented that Nigerian troops, who should ordinarily have the capacity to defeat insurgents and criminal groups, are being forced to operate under extremely difficult conditions due to years of neglect and corruption within critical security institutions.
“If members of the Armed Forces are properly equipped and motivated, they are more than capable of dealing with terrorism and banditry. Unfortunately, because of years of neglect and corruption, ragtag criminal elements are now gaining the upper hand. This is a national disgrace,” he said.
The senior advocate accused certain military officers and their civilian collaborators of stealing funds specifically earmarked for the procurement of arms, ammunition, and logistics, noting that the situation has been worsened by court rulings that allow such suspects to escape accountability.
“How do you effectively fight terrorism in an environment where money budgeted for arms and ammunition is looted by well-known criminal elements in society?” Falana asked.
Drawing from his personal experience defending soldiers and officers charged under the Armed Forces Act, Falana said many members of the military are willing and determined to confront insurgents but are severely hampered by the lack of modern equipment and adequate support.
“The money meant for arms procurement was stolen by a coterie of military officers and their civilian collaborators. Sadly, the courts are not helping matters, as they hide behind questionable technicalities to free people accused of stealing billions of naira meant for national security,” he stated.
Falana cited specific cases to illustrate his concerns. He recalled a former service chief who was charged with allegedly stealing ₦22.8 billion, but was discharged by a Federal High Court on the grounds that he was not tried before a court martial.
According to Falana, the ruling was legally flawed because the charge against the former service chief was money laundering, an offence that falls squarely under the exclusive jurisdiction of the Federal High Court, not a court martial.
“In that case, a service chief accused of stealing ₦22.8 billion was freed simply because he was not tried by a court martial. Yet, the offence was money laundering, which can only be tried by the Federal High Court. That decision defies logic,” he said.
He also referred to a former governor accused of stealing ₦6.9 billion from the Office of the former National Security Adviser, Col. Sambo Dasuki (retd), noting that the suspect was freed by a judge without even being called upon to defend himself.
Falana further alleged that civilians who diverted about ₦200 billion meant for the purchase of military hardware have effectively been allowed to “go home and enjoy the proceeds,” while Nigerian soldiers continue to operate without adequate weapons and protection.
“Meanwhile, our soldiers are ill-equipped because huge sums meant for arms procurement were criminally diverted. This is unacceptable,” he said.
He called on the Federal Government to urgently establish a transparent and effective mechanism to recover stolen security funds and immediately channel them back into the procurement of arms and military logistics.
“The government must move swiftly to recover these stolen funds and deploy them for the purpose they were meant for. This is an urgent national necessity,” Falana urged.
According to him, Nigeria does not need foreign military intervention to defeat terrorism if its armed forces are properly equipped and motivated.
“To secure Nigeria is not the business of any foreign nation. It is the constitutional duty of the Nigerian government. If you equip and motivate your armed forces, Nigeria can defeat terrorism and banditry without external intervention,” he said.
Falana also reacted to the recent United States airstrike on a terrorist enclave in Sokoto State, which the Federal Government said was carried out with Nigerian intelligence support. He warned that foreign military involvement could worsen tensions and potentially inflame religious divisions.
He cautioned the government against allowing the situation to be framed as a religious conflict.
“The Nigerian government must not allow US President Donald Trump or anyone else to promote a religious war in Nigeria. Criminals killing Nigerians do not care about religion. Terrorism must not be allowed to divide us along religious or ethnic lines,” Falana warned.
He further stressed that insecurity cannot be addressed in isolation from broader socio-economic challenges, particularly unemployment and widespread hardship, noting that idle and frustrated youths are more vulnerable to recruitment by criminal groups.
Falana concluded by urging Nigerians to hold their government accountable, insisting that the problem is not a lack of capacity but a failure of responsibility.
“There is no indication that the Nigerian government is incompetent and incapable of securing the country. We know where the problems are. Nigerians must compel the government to carry out its constitutional responsibility to protect lives and property,” he said.
