Femi Falana, SAN, a prominent human rights attorney, has voiced a strong warning against potential mismanagement by the Nigerian military in the case involving the tragic killing of 17 Nigerian Army personnel in Okuama Community, Ughelli South Local Government Area of Delta State. Falana emphasized that murder does not fall under military offenses and insisted that the armed forces lack the authority to arrest, detain, investigate, or charge civilian suspects with any offenses.
Referencing judicial decisions, Falana highlighted a significant ruling by Justice Ijeoma Ojukwu in the case of Dr. Issa Perry Brimah v. Nigerian Army. Justice Ojukwu stated, “The Nigerian Army has no right to declare an individual wanted without adhering to the proper legal procedures.” Furthermore, the judgment clarified that the army cannot arbitrarily arrest individuals without first reporting to a law enforcement agency tasked with maintaining law and order, underscoring the principle against self-help and the importance of following formal legal processes.
Falana also cited the case of Miss Grace Anita Paul v. The Chief of Army Staff, the Army, Inspector General of Police & the Nigerian Police Force, where the Federal High Court ruled that the Nigerian Army is unauthorized to arrest, investigate, or detain anyone who is not subject to the Armed Forces Act or military law. This decision reinforces the exclusive jurisdiction of the Nigerian Police, as outlined in Sections 4 and 84 of the Police Act, over the detection and investigation of crimes.
Addressing the recent actions by the Defence Headquarters in declaring eight individuals wanted in connection to the soldiers’ murder, Falana pointed out that both the police and security agencies are legally prohibited from declaring any suspect wanted without a court order. He referenced a ruling in the case of Benedict Peters v. Economic and Financial Crimes Commission, where a court established that the EFCC could only declare individuals wanted with a court order and if the individuals had been charged with an offense.
In light of these judicial precedents, Falana urged the federal government to instruct the Defence Headquarters to transfer the investigation of the suspects involved in the soldiers’ murder to the appropriate civilian authorities. He warned that failure to do so could result in the mishandling of the case, stressing that murder is a criminal offense outside the military’s purview. Falana’s call for adherence to legal and constitutional norms underscores the importance of maintaining the rule of law and ensuring justice for the slain soldiers through proper legal channels.
