Judiciary Has No Power to Free Convicted Banditry Suspects, Says Katsina Chief Judge

The Chief Judge of Katsina State, Justice Musa Abubakar, has said that courts have no legal authority to release banditry suspects or convicted persons outside constitutionally recognised procedures, amid public controversy over plans by the state government to free about 71 detainees as part of peace efforts.

Justice Abubakar made the clarification in an interview with PREMIUM TIMES, stressing that while suspects awaiting trial may seek bail or enforce their fundamental rights, the judiciary cannot act arbitrarily or override due process in the name of security negotiations.

His comments followed widespread public outrage over reports that the Katsina State Government is pursuing the release of detainees, including some already convicted, under a non-kinetic strategy aimed at restoring peace in banditry-affected communities.

The chief judge explained that the detainees involved fall into different legal categories, including persons already convicted by courts, suspects currently standing trial and individuals arrested during security operations largely due to family connections to suspected bandits rather than direct involvement in crimes.

According to him, confusion surrounding these classifications has fueled public misunderstanding and competing narratives about the proposed releases.

Justice Abubakar stated that courts are functus officio once judgment has been delivered, meaning judges lack the power to revisit or overturn valid convictions, regardless of political or security considerations. He noted that the only lawful avenue for releasing convicted inmates lies with the governor through the constitutional prerogative of mercy.

He added that suspects undergoing trial must be allowed to pass through the judicial process, stressing that peace negotiations cannot lawfully substitute for evidence, prosecution, or trial.

The chief judge expressed concern over prolonged detention without trial, revealing that many detainees have remained in custody for between two and four years without resolution, particularly among those arrested during large-scale security operations.

He attributed such delays to weak investigations, slow prosecutorial processes, delayed legal advice, and poor coordination between security agencies and the Ministry of Justice, rather than judicial obstruction.

“In many instances, the courts are not presented with cases that are ready for trial,” he said, noting that judges can only act on matters properly brought before them.

Justice Abubakar warned that prolonged detention without trial risks violating constitutional safeguards, undermining public confidence in the justice system, and creating grievances that could fuel future instability.

He also raised concerns about the conduct of community-based security outfits operating in the state, particularly allegations that some operatives have carried out arrests without handing suspects over to the police and, in some cases, engaged in unlawful killings.

According to him, cases involving alleged abuses by vigilante groups are already before the courts, although he declined to provide details, noting that the matters are still undergoing judicial processes.

The chief judge emphasised that the judiciary’s role is reactive, explaining that courts can only intervene when cases are formally filed or when victims or detainees approach the courts for redress.

His remarks come amid scrutiny of Katsina State’s security spending, with former Secretary to the State Government, Mustapha Inuwa, stating that over N36 billion has been spent on security interventions in recent years, despite persistent attacks and displacement in several communities.

Judicial officials said courts frequently receive detainees after long periods in custody without complete case files or prosecutorial readiness, resulting in legal congestion and delayed justice.

Justice Abubakar stressed that courts neither control arrests nor investigations, adding that where cases are not filed or evidence is lacking, judges cannot manufacture justice.

Civil society groups and residents remain divided over the proposed detainee releases, with some calling for strict adherence to due process while others argue that continued detention of individuals without evidence only deepens resentment and undermines peace efforts.

Justice Abubakar maintained that security challenges cannot justify abandoning constitutional procedures, warning that peace arrangements built outside the law are unlikely to endure.

He said the judiciary cannot be used to resolve political or security problems created outside the justice system, insisting that the rule of law must prevail.

Whether authorities can achieve peace without breaching constitutional limits, he said, remains a critical test for governance and stability in Katsina State.