TheCable

Femi Falana, human rights lawyer, says the army has no right to declare suspects wanted over the murder of 17 officers in Okuama community of Delta state.

The army had declared eight suspects wanted, including Clement Ikolo, a traditional ruler in the state.

Citing a previous lawsuit in a letter addressed to Lateef Fagbemi, attorney-general of the federation (AGF) and minister of justice, Falana said the duty of the troops is to send a formal report to the police which is legally tasked with investigating alleged murder.

The senior advocate of Nigeria (SAN) faulted the army for not observing due process, saying obtaining a court order precedes declaring suspects wanted.

“The authorities of the armed forces should be made to realise that the Nigerian Army lacks the power to arrest, detain, investigate and charge civilian suspects with any offence whatsoever as they are not subject to service law,” Falana said.

“In several cases, the Nigerian Army has been ordered by Nigerian courts to desist from subjecting unarmed civilians to any form of harassment or intimidation whatsoever.”

Falana pointed out that murder is not a military offence to warrant investigation by the defence headquarters and urged the AGF to instruct troops to hand over investigation to the police. 

The human rights lawyer also frowned at the army’s recent occupation of Okuama community.

Christopher Musa, chief of defence staff (CDS), said the army is conducting a cordon-and-search in the community without infringing on the rights of residents, and would vacate the area after conclusion of investigations.

Falana said scores are alleged to have been killed in Okuama and Igbomotoru communities by the invading troops, adding that a prolonged occupation would trigger reprisal attacks.

The SAN appealed to Fagbemi to call the troops to order and end all human rights violations on civilians in the communities.