It is illegal to declare suspects wanted – Falana warns army
Human rights lawyer, Femi Falana, has rejected the statement of eight people wanted by the Nigerian army for the murder of 17 soldiers in Okuama community in Delta State.
In a statement released on Thursday, March 28, Falana warned the military against confusion over the dead soldiers. The statement read;
“Armed forces authorities must understand that the military cannot arrest, detain, investigate and charge civilian suspects with any crime.
“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 proper procedure.
“The judge further said that the defendant cannot arbitrarily arrest the plaintiff without making a formal report to the law enforcement agency mandated to enforce law and order. Otherwise, it would become self-help. The defendant's duty is to make a formal report to the appropriate authority, such as the police, and await the outcome.
“In the case of Miss Grace Anita Paul v. The Chief of Army Staff, the Army, the Inspector General of Police and the Nigerian Police Force, the Federal Supreme Court held that the Nigerian Army does not have the power to arrest, investigate and hold in custody, any person 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 authorizes the police to detect and investigate crimes.
“We also read that the 8 people allegedly involved in the cruel murder of the soldiers have been declared wanted by the Defense Headquarters. It is trite law that police and security agencies do not have the power to declare any suspect wanted without a court order. In the case of Benedit Peters v Economic and Financial Crimes Commission, a high court in Abuja ruled that the Economic and Financial Crimes Commission (EFCC) does not have the power to declare someone wanted without obtaining a court order or charging the suspect with a crime.
“The presiding judge, Justice Othman Musa, ruled that although the EFCC could declare as wanted persons who did not honor its invitation for investigation, it could only do so if it obtained a court order to that effect. Therefore, the decision by the defense headquarters to declare the homicide suspects wanted is completely illegal.
“May the federal government direct the defense headquarters to hand over the investigation of the suspects involved in the horrific murder of the 17 officers and soldiers. It should be noted that homicide is not a military crime that justifies investigation by defense headquarters. If the federal government fails to bring order to the defense headquarters, the case regarding the tragic murder of the soldiers will be completely ruined.”
Source: www.lindaikejisblog.com