· Warns killing of personnel no longer tolerated
· Don’t bungle probe, resort to arbitrariness, Falana advises military
Kingsley Nwezeh in Abuja, Sylvester Idowu in Warri
The Defence Headquarters (DHQ), yesterday, declared eight persons wanted over their suspected role in the recent killing of military personnel in Okuama, Delta State.
The military high command released the list at a media briefing in Abuja.
DHQ, which embarked on enhanced operations in light of the killing, also warned that murder of military personnel in any part of the country would no longer be tolerated.
However, Chief of Defence Staff, Gen. Christopher Musa, urged Nigerians to trust the armed forces, saying the security forces are constitutionally empowered to protect citizens and democratic governance.
At the same time, foremost lawyer, Femi Falana, SAN, told the armed forces not to bungle the probe of the recent killing, because they lack power to arrest, detain, investigate and charge civilian suspects with any offence whatsoever.
Nonetheless, the military listed the following as suspected culprits in the killing of the soldiers in Delta State: Prof. Ekpekpo Arthur, Andaowei Dennis Bakriri, Akevwru Daniel Omotegbo (a.k.a Amagben), Akata Malawa David, Sinclear Oliki, Clement Ikolo Ogenerukeywe, Reuben Baru, and Igoli Ebi.
Speaking at a media briefing in Abuja, where photographs of the suspects were released, Director, Defence Media Operations (DDMO), Maj Gen Edward Buba, stated, “We must never allow what happened in Delta State to ever repeat itself again.
“That is why we are releasing these pictures, including the woman. If we have to place a bounty, we will do it. We must never allow what happened in Delta State to ever repeat itself again. We are deployed across the country for a reason.
“To protect and ensure peace. Where there is escalation, we are to contain it. That is why we are releasing these pictures, including the woman, if we have to place a bounty, we will do it.”
But Musa, who spoke at the end of the Second Edition of the Chief of Defence Staff Joint Task Force Commanders Conference 2024 at the Defence Headquarters in Abuja, said the security forces were constitutionally empowered to protect Nigerians and democracy.
He said, “Nigerians should expect enhanced operations, professionally conducted with the mind of safeguarding Nigeria internally and externally, especially the human rights of Nigerians and every citizen in Nigeria.
“All we have done is to reassess our operations and see what we are not getting right and fine-tune it. That is why you saw former defence chiefs and theatre commanders in attendance to share ideas on what they have and you know we are operating in a very fluid environment.
“All we are saying is, trust the armed forces. The Armed forces of Nigeria are here to protect you, to protect our democracy and to ensure that Nigeria is fully secure.
“Nigerian Armed Forces are for Nigeria. We are here to protect Nigerians together. The efforts we are making, we are not making them alone. We need the support of Nigerians.
“You saw our men being buried yesterday and you saw the president there himself. This is what we are talking about, commitment. We must come together to defeat this menace, these terrorists that don’t mean well for Nigeria.”
Falana: Don’t Bungle Probe of Killings
Legal luminary, Femi Falana, SAN, told the armed forces to realise that they could not arrest, detain, investigate and charge civilian suspects with any offence whatsoever.
According to Falana, “In Dr Issa Perry Brimah v Nigerian Army, Justice Ijeoma Ojukwu 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 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.”
Citing yet another case, Falana said, “In Miss Grace Anita Paul v. The Chief of Army Staff, the Army, Inspector General of Police, and the Nigerian Police Force, the Federal High Court held that the Nigerian Army lacks the power to arrest, investigate and hold in custody, anyone who is not subject to the Armed Forces Act or any other military law.
“Justice Taiwo Taiwo, on Wednesday, warned the military not to usurp the powers of the Nigerian Police under Sections 4 and 84 of the Police Act, which empowers the police to detect and investigate crime.”
Falana warned against arbitrariness and strong-arms tactics by the military authorities in the attempt to solve the recent killings in Delta State.
He stated, “We have also read the eight people alleged to be involved in the cruel murder of the soldiers have been declared wanted by the Defence Headquarters. It is trite law that the police and security agencies lack the power to declare any suspect wanted without a court order.
“In Benedict Peters v Economic and Financial Crimes Commission, a high court in Abuja ruled that the Economic and Financial Crimes Commission lacks (EFCC) the powers to declare anyone wanted without obtaining a court order or charging the suspect with an offence.”
According to Falana, “The presiding judge, Justice Othman Musa, ruled that though the EFCC could declare as wanted persons who fail to honour its invitation for investigation, it could only do so if it obtains a court order for that purpose.
“So, the decision of the Defence Headquarters to declare the murder suspects wanted is completely illegal.
“Let the federal government direct the Defence Headquarters to hand over the investigation of the suspects involved in the gruesome murder of the 17 officers and soldiers. It ought to be pointed out that murder is not a military offence to warrant investigation by the Defence Headquarters.
“If the federal government fails to call the Defence Headquarters to order, the case concerning the tragic murder of the soldiers will be completely bungled.”
