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.
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