The work and responsibilities of a State Attorney-General and Commissioner for Justice can be quite daunting, and functioning in that office in a State torn by terrorism and insurgency, is perceptibly doubly challenging. This is the herculean task of the first Female Borno State Attorney-General and Commissioner for Justice, Mrs Hauwa Abubakar. Last weekend, she spoke with Onikepo Braithwaite and Jude Igbanoi on a range of issues, including the State’s approach to justice administration and the innovation of digitalisation, the newly launched E-Justice initiative by her Ministry and State Police

In 2022, at age 45, you were appointed by HE Governor Zulum as the first female Attorney-General and Commissioner for Justice of Borno State. Kindly, give us a brief overview of your journey to AG. 

Thank you Editor. Prior to my privilege of being appointed as the Attorney-General and Commissioner for Justice of Borno State by His Excellency, Professor Babagana Umara Zulum, CON, FNSE, mni, FNAIE, CFR, the Governor of Borno State, I was then appointed as ‘the Special Adviser on Legal Matters’ to His Excellency, during His Excellency’s First term in office as Governor. Then, during the same first term and towards its end, I was appointed to act as the Attorney-General and Commissioner for Justice, when my predecessor, Shehu Kaka (now a sitting Senator of the Federal Republic of Nigeria) resigned to contest and fulfil his political ambition to the Senate. Then, upon His Excellency’s second term, I was confirmed as the substantive Attorney-General and Commissioner for Justice, Borno State, the office, which I hold to date.

What are the challenges you have faced along the way? Some say that there is a gender bias against women in the legal profession, despite the fact that as many women as men are called to the Bar annually. For example, the number of female Senior Advocates is small, compared to the men. Do you agree? If so, how can women change this negative narrative? What advice do you have for women who desire to reach the peak of their chosen careers? How can they achieve a good balance between home life and work?

Well, this is all about individual’s perspective. I can understand that there are as many men in the legal profession as the females, though, in the legal profession, strictly speaking, it is not an issue because, the legal profession has its own unique doctrine which sees every person duly called to the Bar as a ‘person’ in the male gender rather than in the female gender, hence, you would or must have heard the statement ‘no female gender in the legal profession’. So, legally speaking, such bias does not exist as far as the legal profession is concerned. Nevertheless, according to a layman’s view or in the African and religious schools of thoughts, such discrimination exists. My approach to this view is that, it is all about the individual’s mentality and perspective. The understanding between couples for instance, talking about family, matters. Also, the societal acceptance of the possibility of a woman playing some vital societal roles also comes into play; because, for instance, this office that I hold today, to the Almighty Allah’s glory, is a societal role. Hence, where the society has come to terms with this belief, and the couples come to understand how to go about dealing with the situation, I believe, these unique societal roles are possible. As the world is being developed, the number of females are getting much more educated and the views of the people generally are being improved upon, then, a number of females are now being considered and appointed to certain levels of public or societal roles. It is also my view that, the way and manner that the female appointee also goes about performing these roles matters. 

I can attest to the fact that it is not an easy task at all, especially for a married woman: attending to the fulfilment of the rights of the husband; the children; the home; the extended family; friends, etc. and now, the society! In my case, I am married and blessed with children. The support and understanding that I have been getting from my husband and my family, as well as friends while being in this role, has lessened the burden on me, though, I have to still try my best to continue to manage every situation by ensuring that I perform my roles to them as much as I can and with Almighty Allah, I am where I am today! I believe that what I have said so far, will serve a great lesson to any woman who aspires towards the fulfilment of her goals. In essence, it depends on: understanding of the people around you; your ability to manage every situation where you find yourself; and seeking Almighty God’s support to ease the affairs; all these play a great role.

What agenda did you set for the Justice Sector in Borno as AG? Kindly, share the highlights of your agenda, and what you have been able to achieve so far, particularly regarding justice sector reform, modernising and digitisation/digitalisation, and protecting the rights of the people of Borno, particularly those who have been affected by insurgency, and some alleged by NGOs to have been abused by the military forces stationed there? Have you embarked on updating and codifying your laws and law reform?

Upon assumption of office, I set a robust agenda centred on justice sector reform, digitalisation and protecting vulnerable populations. This agenda is in line with the 25 year State Development Plan aimed at driving stabilisation, recovery and growth across all sectors. This plan is complemented by a 10 year strategic transformation plan of His Excellency, Prof Baba Gana Umara Zulum. Key priorities include modernising processes, enhancing access to justice, and safeguarding human rights.

We have made significant strides in digital transformation through the E-Case Management system in partnership with LawPavilion, which is aimed at improved efficiency, transparency and accountability. Reconstruction and rehabilitation of courts in the State, the reestablishment of the Court of Appeal Division in Borno State, the establishment and commissioning of the E-library in the Ministry for ease of research and a new Logo, vision and mission statement for the purpose of recommitment. 

We are actively working to update and codify our laws, to reflect contemporary realities and promote justice reform.

Borno State has been one of the hardest hit in terms of the Boko Haram terrorism and insurgency. Is the situation improving or worsening? What challenges has this posed to your Ministry as Attorney-General and Commissioner for Justice? What achievements have your Ministry recorded, in terms of prosecuting terrorists? How are they handled when they are arrested? How does your administration handle so-called repentant terrorists? Do you re-absorb them into society? If so, what assurance do you have that they won’t go back to their old ways?

Thank you, Editor. There is no doubt that prior to the ascension of office by His Excellency, the Governor of Borno State, His Excellency, Babagana Umara Zulum, we all were aware of the situations in Borno State, regarding the insurgency and its negative impact on the State. However, upon the well coordinated efforts of the current State Government and the collaboration with the Federal Government, the non-kinetic approach to the insurgency also has been helpful. No doubt, the insurgency is not over yest until it is over. Efforts are still ongoing. The State Government approach of reintegration, rehabilitation and reorientation of the repentant terrorists led to some of the developments that you have observed. 

The Borno State Ministry of Justice, as a service Ministry, has been trying its best through committed officers in the Ministry in the handling of the cases. We do not have the power to prosecute the terrorist, terrorism are offences strictly under the exclusive list, it is only within the purview of the Federal Government. Some of the arrested alleged insurgents were prosecuted in courts of law, convicted and appropriately sentenced, while some were discharged and acquitted. The prosecution is not an individual thing, rather it is a way of societal justice. 

For those who have repented, there are lawful systems in place by the State Government (in collaboration with the Federal Government) to rehabilitate them for a definite period of time and thereafter, they are reintegrated into the society. With the understanding of the society, this has been possible. 

And, as to your question on my assurance that the repentant ones will not go back to their old ways: you know, we, as State Government, and the Federal Government in collaboration with the international communities offering humanitarian services, have done all our best as much as we can. It is understandable and undeniable that, there might be a bad egg in a basket. Hence, once we identify any recalcitrant one among the repentant and reintegrated persons, we take the appropriate steps under the law. The unwavering efforts by the Military and other security operatives, as well as the Borno Model of peace and Reconciliation approach, are instrumental in the relative peace not only in Borno but the region. There are provisions already in place under the development, to deal with such a person. There is a structured approach to dealing with repentants who are given opportunities for reintegration through the deradicalisation programmes, vocational training and community acceptance. We are also committed to rigorous monitoring and support to ensure they do not relapse into violence, for most of the returnees are victims.

There have been a litany of complaints, tales of woe and massive human rights violations in Internally Displaced Persons Camps in Borno State. While IDPs may be a shared responsibility between the Federal and State Government, what has been your approach in handling these complaints and prosecuting offenders therefrom?

We have zero tolerance for human rights violations as a Government and as a Ministry of Justice, that I assure you! Though, some of these reports without duly being brought to our knowledge, remain rumours and unsubstantiated. Nevertheless, there are some reports to this effect of the complaints. When these complaints are brought to our attention, we immediately swing into action, carryout necessary investigation and take the appropriate steps within the law to address the situation. We already have our security and law enforcement agencies in place, to assist in eradicating such incidents We work closely with the Federal agencies, NGOs and community leaders to investigate complaints and take necessary actions. Our aim is to uphold the dignity of displaced persons, and hold perpetrators accountable

What are your views on State Police? Do you believe it is a viable solution to arresting the insecurity in your State?

The Government of Borno State believes that State Police has a viable role to play, in the security of the State. Where this State Police is institutionalised, the Government of Borno State can then deal with the menaces of insecurity in the State, as a State issue. The State Government already, in collaboration with the Civilian Joint Task Force (C-JTF) and other vigilante groups which have been registered and recognised by the State Government which comprises of volunteering members of the local communities in Borno State, already have a modus operandi (that is mode of operation) with which we have been working together to the levels that we have got to now. Hence, the State Police is a thing we hope will be established in due course. 

A well regulated State Police can be a viable solution to insecurity, especially in States like Borno where local knowledge and swift response are crucial. However, this must be carefully implemented to ensure accountability and prevent abuse.

Local Government autonomy has been a highly contentious matter in most States. What has been the experience in Borno? Is your State fully compliant with the Supreme Court judgement on LGA autonomy?

Borno State Government under the able leadership of His Excellency, Babagana Umara Zulum, is committed to adherence to the Supreme Court judgement on LGA autonomy. We recognise the importance of empowering local governments to deliver services efficiently, and are actively working to ensure full compliance.You know, local government autonomy is a system. Hence, there are administrative steps and processes to follow, which the Borno State Government has already commenced necessary actions to bring the system into its proper reality in no time.

Your State recently launched the E-Justice project in partnership with LawPavilion. Many saw it as very innovative and forward looking. What has been the level of acceptance by stakeholders, Lawyers and Judges? 

Yes. The E-Justice innovation, is part of the agenda of the current Government. The E-Justice system makes justice easily accessible to those who might have one difficulty or the other within the areas of Borno State, especially, considering the decade long period of attacks as a result of the insurgency in the State, which the State government is religiously addressing. So, with the approval of the Borno State Government, this has come to pass and it is part of the legacies that this government shall leave behind at the time of the expiration of our tenure, and we hope and trust in its continuity. Also, as you could verify, when this innovation was initiated, the idea was very much applauded by all and sundry: the residents; Lawyers; Judges; and even the international communities. You would be aware that Borno State Government has collaborations with the international community and a number of the International Non-governmental agencies (I-NGOs). They have been collaborating with the Borno State Government, within the allowed procedures. So, we as Ministry of Justice and the Borno State as a government, aim to bring more innovations that will aid the justice system in the State, with the support of Almighty God! More so, the global world is tilting towards ‘Artificial Intelligence (AI)’, globalised technologies, etc. Hence, the Borno State Government cannot be left behind. Hence, this forward step.

Borno State Chief Judge, Hon. Justice Kashim Zannah pioneered virtual court hearings in Nigeria. What is your assessment of the level of computer literacy of Lawyers in Borno State, and how have virtual court proceedings fared so far in the State? What would be your recommendation to other States? 

Well, I must commend the innovative efforts of the Borno State Judiciary (as one of the arms of the Government in the State) under the leadership of His Lordship, the Chief Judge of the State, Honourable Justice Kashim Zannah for pioneering this innovation! I would say in brief that, every step at a time. You know that, we on this side are part of the Executive Arm of Government of Borno State. Yet, we support and applaud ideas that would assist the Justice system. Virtual hearings are innovative and well appreciated. Hence, on our own part, we have begun to take necessary steps towards this reality of the virtual hearings. Our Lawyers have been trained in this regard, and we shall still continue to retrain them on this new development. 

I recommend the innovative idea of the virtual hearings, to other States. There are advantages in these virtual hearings: there are lot of risks associated with moving physically from one location to another by Lawyers and litigants, including the correctional services that moves Defendants or accused persons from the custodies to courts and from the courts back to the custodies. In essence, accepting and accommodating the reality of the virtual hearings will mean that the hearings can be held at the comfort zones, thereby reducing, if not eradicating, the possible risks attached to such physical movements.

What are you doing to improve the poor conditions of service of Magistrates in Borno State, since their remuneration and welfare is the responsibility of the State Government?

The Borno State Government is trying its best in regard to the welfare of the Magistrates and other working conditions associated with their services, including other civil servants under the employment of the Borno State Government. Their welfare is paramount to the State Government. I understand that there is room for improvement, and we are already working on that.

Thank you Honourable Attorney-General.

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