By Ayo Kehinde
A Seniour Advocate of Nigeria and human rights lawyer, Femi Falana has declared as illegal the decision of the Defence Headquarters of the Nigerian Army to declare the murder suspects in the Okuama Killings, wanted.
According to him, the federal government should direct the defence headquarters to hand over the investigation of the suspects involved in the gruesome murder of the 17 officers and soldiers.
He said, ” 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”.
Falana, SAN, spoke in response to the Thursday declaration of eight persons wanted by the military in connection with the killing of 17 soldiers in the Okuama community in Delta State by the army.
On Wednesday the 17 military personnel comprising a lieutenant colonel, two majors, one captain, and 12 soldiers who were killed while on a “peacekeeping mission” in the Okuama community on March 14, 2024, were buried with full honours at the National Cemetery in Abuja.
President Tinubu, who had earlier authorized the military to investigate the circumstances surrounding the deaths, saluted their bravery and courage in the face of provocation, bestowed national honours on them and granted scholarships and houses to their children and wives.
Shortly afterwards, the military headquarters declared eight persons including a traditional ruler, a professor,wanted in connection with the Killings.
Among those declared wanted include a professor, Prof. Ekpekpo Arthur; a woman, Mrs Igoli Ebi; Reuben Baru; Akata Malawa David and four other persons.
They appear in the photograph below
Meanwhile, the King of Ewu kingdom, Clement Ikolo, who was also declared wanted by the Army over the killing of 17 soldiers in Delta State, has surrendered himself to the police.
The Police Commissioner in the state, Abaniwonda Olufemi said Oghenerukevwe, who is the Urhukpe I of Emu Kindom, “turned himself in” shortly after the Defence Headquarters declared him and seven others wanted.
The monarch washed his hands off the killings, saying, ” I have no hand in the killings. I have no hand in encouraging anybody to kill anybody. It is against my philosophy as a human being and my faith as a Catholic.
“It is a serious crime against humanity, and they need to look at the appropriate places and do a thorough investigation to know all those who have committed this and bring them to book and let justice prevail.
“I am not a party to this, and like I have said earlier, the state government is aware of the turbulence I have been going through, and as I speak, an arrangement was made by the government to invite the opponents recently just before these happenings.”
Falana, however, thinks the military is conducting an illegality.
He said: “The authorities of the armed forces should be made to realise that the military cannot arrest, detain, investigate and charge civilian suspects with any offence whatsoever. He cited case laws to justify and clarify his stand
“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 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 Miss Grace Anita Paul v. The Chief of Army Staff, the Army, Inspector General of Police & the Nigerian Police Force the Federal High Court where 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.
“We have also read the 8 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 Benedit 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.
“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.”
He then submitted, “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.”
