By Ayo Kehinde
Human rights activist and a Seniour Advocate of Nigeria, SAN, Femi Falana has urged the Nigerian army to handover the arrested 20 suspects involved in the Okioma killings to the police for a thorough investigation and arraignment before the Delta State High Court.
He said the suspects can not be tried by a court-martial.
According to the learned SAN, the killing of citizens, including soldiers, should always be condemned.
“But, the army has no power under the Armed Forces Act to arrest, investigate, detain, and prosecute suspects who are not subject to service law,” he said, adding that, ” the federal high court has ruled that it is illegal for soldiers to arrest and investigate civilians who are alleged to have committed criminal offences. To that extent, the president’s order is illegal.
Recall that President Bola Tinubu recently directed the military to investigate the killings and bring culprits to book.
Explaining further, Falana said, “only the president can deploy members of the armed forces with the leave of the Senate. The deployment of troops was illegal. Hence, it is said to be “a peace mission.”
“It is the exclusive duty of the police to maintain law and order in a democratic society. The armed forces may be involved in restoring law and order where there is a civil disturbance that can not be contained by the police. That is what section 217 of the Constitution of Nigeria is about In other words, the army can only be deployed by the president when there is a breakdown of law and order beyond the capacity of the police to contain.”
