SaharaReporters had reported that the Board of Inquiry constituted by the Defence Headquarters in Abuja to probe the March killing of 17 soldiers at Okuama, Delta State, would to commence sitting last Wednesday in Warri.
A Senior Advocate of Nigeria, Mr Femi Falana has condemned the deployment of troops to Okuama in Delta State and Igbomotoru in Bayelsa State following the killing of military personnel in the former.
SaharaReporters had reported that the Board of Inquiry constituted by the Defence Headquarters in Abuja to probe the March killing of 17 soldiers at Okuama, Delta State, would to commence sitting last Wednesday in Warri.
The 17 military personnel were killed while on a peacekeeping mission in Delta State and this has been followed by reports of reprisals by the military in Okuama and Igbomotoru.
Falana in a letter to the Attorney General of Federation and Minister of Justice, Lateef Fagbemi (SAN), through Falana & Falana’s Chambers on Wednesday, April 24, 2024, lamented the conditions that the people of the communities had been subjected to by the military over the killings.
In the letter titled, ‘Request To End Egregious Violations Of The Human Rights Of Innocent Members Of Okuama Community, Falana said, “We are disturbed to learn that the people of Okuama in Delta State and Igbomotoru in Bayelsa State have been subjected to horrendous human rights abuse over the action of a gang of criminal elements who killed the 16 soldiers.
“Hence, we are compelled to call on the office of the Attorney-General of the Federation and Minister of Justice to halt the egregious human rights abuse of innocent people in both communities by addressing the following complaints.”
He complained that despite appeals made to the authorities to prevent reprisals after the killing of the military personnel were ignored.
He said, “Following the gruesome murder of the 16 soldiers, we appealed to the military authorities to prevent reprisal attacks on innocent members of the Okuoma community.
“Unfortunately, our appeal fell on deaf ears as many houses were set ablaze while the owners of such buildings and other residents including children were chased out of the community. Thus, Okuoma has been seized and occupied by armed troops since March 14, 2024.
“Armed troops also invaded the Igbomotoru community in the Southern Ijaw Local Government Area of Bayelsa State on March 18, 2024. The troops in 5 gunboats were reported to have razed three houses suspected to be the hideout of a militant leader allegedly involved in the killing of the 16 soldiers in Okuama. Scores of people are alleged to have been killed in Okuama and Igbomotoru communities by the invading troops.
“In justifying the illegal occupation of Okuama, the Chief of Defence Staff (CDS), General Christopher Musa, has said that the Army is conducting a cordon-and-search in the community.
“According to the CDS, ‘At the end of it (cordon-and-search), the communities will go back and rebuild. We’re working together with the community; nobody is doing anything to infringe on their rights. Also, since it’s an ongoing operation, we wouldn’t want them to come in and be shot or mistaken for antagonists. We’re duty-bound to protect them. As soon as we’re done with the cordon-and-search, they’ll go back.’
“In urging you to end the illegal military occupation of Okuama, you may wish to remind the CDS that following the unlawful killing of soldiers in Odi, Bayelsa State in 1999 and Zaki Biam in Benue State in 2001, both communities were invaded and set ablaze in in reprisal attacks on the orders of former President Olusegun Obasanjo.
“In the two cases filed against the military invasion, the Federal High Court condemned the gruesome murder of the soldiers but decried the collective punishment meted out to the communities that were destroyed by soldiers. Consequently, the Federal High Court awarded N37.5 billion and N41 billion to the victims of the military invasion in Odi and Zaki Biam respectively.
“It has become necessary to draw the attention of the government and military authorities to the fact that the Geneva Convention was ratified and domesticated by Nigeria in 1960. Article 33 thereof provides that no protected person may be punished for an offence he or she has not personally committed and that collective penalties and, likewise, all measures of intimidation or of terrorism are prohibited while reprisals against protected persons and their property are prohibited. To that extent, the collective punishment of the people of Okuama and Igbomotoru by armed troops is illegal in very material particular.”
It was recently reported that the defence headquarters had declared eight suspects including a traditional ruler wanted in connection with the killing.
However, Falana described the declaration as illegal “as it was not authorized by a court of competent jurisdiction”.
He added, “In Benedict Peters v Economic and Financial Crimes Commission (Suit No FCT/HC/BW/CV/23/2017) the high court of the Federal Capital Territory ruled that the Economic and Financial Crimes Commission (EFCC) lacks the power to declare anyone wanted without obtaining a court order.
“The presiding judge, Justice Othman Musa held that though the EFCC could declare as wanted persons those who fail to honour its invitation for investigation, it could only do so if it obtains a court order for that purpose.
“Similarly, in Dr Issa Perry Brimah v Nigerian Army, (Suit No FHC/ABJ/CS/267/2019), Justice Ijeoma Ojukwu of the Federal High held that ‘It must be stated here without equivocation that the defendant [Nigerian Army] has no right to declare the plaintiff wanted without following the appropriate procedure’.
“The Judge further said that the defendant cannot arrest the plaintiff arbitrarily without making a formal report to law enforcement agency with the mandate to enforce law and order. Otherwise, it would transmute to self-help. The duty of the defendant is to make a formal report to the appropriate authority like the police and await the outcome.
“In view of the settled law on the matter, we urge you to direct the defence headquarters to submit the names of the suspects to the Police with a view to obtaining a court order to declare them wanted,” Falana said.