A Dangerous Precedent: Condemning the Swap Release of Suspected Bandits in Katsina State And The Erosion of Public Trust

 

The CLEEN Foundation expresses deep concern and unequivocal condemnation of the reported swap release of suspected bandits in Katsina State, an action that raises profound legal, moral, and security concerns and poses grave risks to public trust, justice delivery, and the integrity of the rule of law in Nigeria. Such actions, if left unaddressed, threaten to normalize impunity and weaken already fragile public confidence in state institutions charged with protecting citizens.

While the protection of lives and the rescue of abducted citizens remain legitimate, urgent, and non-negotiable priorities of government, these objectives must not be pursued at the expense of justice, legality, and accountability. The release of individuals suspected of involvement in mass abductions, killings, and other violent crimes, outside clear, transparent, and judicially sanctioned processes; sets a dangerous and far-reaching precedent. It risks eroding the foundations of Nigeria’s criminal justice system and undermines long-term, sustainable security efforts.

According to public statements by the State Commissioner for Information, Culture, and Home Affairs, this action was part of a “swap deal” following a peace agreement with so-called “repentant” bandits, brokered by local community leaders and traditional rulers. While the government cites the resumption of farming and market activities in some areas as a positive outcome, this decision represents a catastrophic policy failure with far-reaching consequences that threaten the very foundations of the social contract and the rule of law.

Our Concerns are Multifaceted:

1. The Capitulation of State Authority: Negotiating with and conceding to the demands of armed non-state actors who have terrorized communities, murdered, raped, maimed, and pillaged for years, is a de facto abdication of the state’s primary constitutional responsibility: the protection of life and property. It legitimizes criminality and establishes banditry as a viable enterprise with negotiable consequences.
2. The Grave Injustice to Victims: The unilateral release of suspects, many of whom may have been involved in heinous crimes, is a slap in the face to thousands of victims and bereaved families across Katsina and neighbouring states. It denies them justice, perpetuates a culture of impunity, and sends a chilling message that the lives and suffering of ordinary citizens are expendable in political calculations.
3. The Subversion of the Judicial Process: By intervening to secure the release of suspects already within the custody of the judicial system, the government undermines the independence and integrity of the courts. It substitutes legal adjudication for backroom deals, eroding public confidence in the entire justice sector.
4. The Creation of a Dangerous Precedent: Labelling this as a “normal” practice in “war situations” is a misleading and dangerous analogy. It risks normalizing amnesty for atrocity crimes and incentivizes other criminal gangs to escalate violence to gain a seat at the negotiation table and secure the release of their detained comrades.

The Imminent Destruction of Public Trust:

This action poses a severe and immediate risk of destroying the remaining trust between the citizenry and the state. When citizens see their government release suspected perpetrators of violence against them, trust is irrevocably damaged. This erosion leads to:

• Increased reluctance to cooperate with security agencies.
• A potential rise in vigilante justice, as communities lose faith in the state’s willingness to protect them.
• Deepening alienation and cynicism towards governance and the rule of law.

Our Demands:

CLEEN Foundation, therefore, calls on the Katsina State Government, and indeed all governments in the region facing security challenges, to:

1. Immediately Re-evaluate this Policy: Halt any further releases under this framework and publicly reaffirm a commitment to justice and the rule of law as the only sustainable path to peace.
2. Prioritize Victim-Centered Justice: Invest in and strengthen the criminal justice system to ensure credible, fair, and speedy trials for all suspects. Support victims through comprehensive services and reparations.
3. Strengthen State Security Capacity: Redirect energies and resources towards robust, intelligence-driven policing, military operations, and community policing frameworks that protect communities and dismantle criminal networks, rather than negotiating with them.
4. Foster Transparency: Be fully transparent about the terms, conditions, and guarantors of any “peace accord.” The public has a right to know the details of agreements made on their behalf.

Sustainable peace cannot be built on the graves of unavenged victims and the shattered trust of a terrified populace. It is built on justice, accountability, and the unwavering demonstration that the state holds the monopoly of force and will use it lawfully to protect its people. The CLEEN Foundation stands in solidarity with the affected communities and urges all stakeholders to reject short-term, politically expedient deals that sacrifice long-term security and the fundamental principles of justice.

 

 

Peter Maduoma

Executive Director