(Intersociety, Onitsha Nigeria: 9th March 2017)-The gross rights abuses in the past
21 months of the ailing Buhari’s Government of Nigeria can never be
investigated by the same perpetrators of the heinous crimes (i.e. Nigerian Army
and its COAS: Tukur Yusuf Buratai, etc). Any so called special investigation
panel set up by the Nigerian Army is manifestly a kangaroo and totally
rejected. As a matter of fact, the Nigerian Army should be barred from meddling
into investigations associated with same; except its right to be heard. There
shall be proper criminal investigation and punitive measures against Buratai
and Company; followed by an unbiased and balanced Special Judicial Commission
of Enquiry set up by the Government of Nigeria, for the purpose of victims’
remedies or compensatory justice and serious administrative reprimands-Emeka
Umeagbalasi-Criminologist & Graduate of Security Studies; and Board
Chairman of Intersociety.
The forgoing represents the key stand of the leadership of International
Society for Civil Liberties & the Rule of Law. That is to say that the
Nigerian Army’s latest special panel to investigate itself concerning its
basket-load of gross rights abuses in the country is not only a kangaroo, but
also panicky, escapist and totally unacceptable. It is also a grave affront to
the two famous rule of law principles of nemo judex in causa sua (no
one should not be a judge in his/her own case or cause) and audi alteram
partem(let the other side be heard or no one should be condemned
unheard).
It is on indisputable record that the Nigerian Army including its Chief
of Staff, Lt Gen Tukur Buratai; is responsible for over 70% of the gross rights
abuses including custodial deaths, terminal wounding, grave torture, enforced
disappearance, illegal detentions, mass shooting and killing of unarmed and
defenseless ethnic and religious activists and mass killing of civilians or non
combatants in conflict zones. Others grossly anti human rights and anti
constitutional conducts of the Nigerian Army are violent conducts by way of
physical threats and psychological intimidations; ethnic cleansing,
ethno-religious bias, undermining of constitutional liberties, promotion and
escalation of policy of militarization and encouragement of citizens’ militancy
and radicalization as well as fueling the rapid and uncontrollable inflow of
illicit Small Arms & Light Weapons (SALWs) in wrong or recalcitrant hands
particularly in the Northeast and Niger Delta regions.
Apart from the foregoing, our forensic look at the so called “Eight-Man
Military Panel of Investigation”, its composition and highly restricted terms
of reference; clearly shows that the kangaroo panel is not only an exonerative
panel, but also evidence cleanser and a fire brigade approach. When a similar
panel was set up in March 2016 by Nigerian Army and its COAS through its
Provost Marshall; it was mired in obvious conflict of interest and lack of
moral compass. As expected, its investigation was dead on arrival. To make the
matter worse, 13 slain bodies of IPOB members strongly suspected to have been
killed and dumped inside an Aba burrow pit by the 144 Battalion of the Nigerian
Army in the area; were suspiciously set ablaze by the culprit State agents, for
the purpose of erasing traces and evidence destruction.
Also, a critical look at the composition of the so called “Army
Investigative Panel” has further exposed the dubious and devious intents of the
authorities of the Nigerian Army headed by Lt Gen Tukur Yusuf Buratai. The
composition under reference is a total replica of the present gross
lopsidedness in the Nigerian Army; which is patently Jihadist or Islamism
friendly.
Shockingly too, the same Nigerian Army that says it wants to investigate
the conduct atrocities of its personnel including the mass killing of Pro
Biafra Campaigners of Southeast and South-south extractions has no single
serving or retired army officers from the two areas; particularly from the
Southeast as members of its so called “Special Military Panel”.
For the avoidance of doubt, the names of members of the kangaroo panel
are: Major Gen Ahmed Tijani Jibrin, rtd (chairman), Brigadier General Dadan
Garba, rtd; Brigadier General Abdulqadir Guide, rtd; Brigadier General O.
Olayinka; Col. L. B. Mohamme; Col. UM Wambai ;Mr Olawole Fapohunda and Lt. Col.
CM Akaliro, who is the panel’s secretary. The composition is not only
ethnically sectional, but utterly Muslim and military dominated. It also has
cabalistic outlook. It has no iota of regards for the individual and group
victims as well as the generality of Nigerians.
Another glaring dubious intent associated with the so called “Army
Special Panel” is its restricted terms of reference; such as “not revisiting
areas covered by State Governments and the National Human Rights Commission”.
That is to say that the kangaroo panel will not look into the mass killing of
over 1000 unarmed and defenseless members of the Islamic Movement of Nigeria.
Strong attempts have been made by the Federal Government of Nigeria through the
Kaduna State Government and leprous National Human Rights Commission to
exonerate the Nigerian Army and its lead-perpetrators including COAS Lt Gen
Tukur Buratai from the Zaria butchery. The link to the Army statement,
announcing the setting up of the kangaroo Special Military Panel is here: http://www.vanguardngr.com/2017/03/army-sets-panel-investigate-alleged-ex-judicial-killings-rights-violations-personnel/
As if these were not enough, the COAS, Lt Gen Tukur Buratai and his
Nigerian Army have the audacity to criminalize and stigmatize the 240 unarmed
and defenseless civilians including 29 children aged between new born and five
years that died in its Giwa Military Barracks custody in 2016; by referring to
them as “arrested Boko Haram terrorists”; yet they want to “investigate
allegations of extra judicial killings, etc, involving Nigerian Military”.
We, therefore, make bold to say that the
so called “Special Military Panel” totally lacks constitutional contents, moral
compass, acceptability and credibility to look into the widespread rights
abuses perpetrated against the Federation of Nigeria, the Constitution and
innocent and defenseless citizens of the country. Addressing the abuses is far
beyond the scope, capacity and capability of the lopsidedly composed Nigerian
Army of present time.
Consequently, we strongly recommend as follows:
a. If
the present Federal Government of Nigeria is repentantly and remorsefully
concerned over its current atrocious human rights records; by way of redressing
them and avoidance of international criminal justice wrath (i.e. vide
principles of complementarity and no impunity); then there shall a matching
order to the Attorney General of the Federation and the Office of the Inspector
General of Police by the Federal Executive Council (FEC) to constitute a high
powered Special Criminal Investigation Team into gross rights abuses committed
by State agents as contained in the Amnesty International Report and reports of
other notable rights groups and victim groups and individuals.
b. The
composition of such Special Criminal Investigation Team shall be expertly
headed by Office of Police DIG in-charge of Criminal Investigations and;
composed of representatives of Directorate of Military Intelligence,
Military Police, State Security Service, National Intelligence Agency and their
legal departments as well as office of the Attorney General of the Federation.
The investigative personnel so chosen who must be serving members of the
Nigerian Armed Forces and the Police; must be drawn from all the six
geopolitical zones of Nigeria.
c. The
draft composition of the Special Criminal Investigation shall be prepared by
the Attorney General of the Federation and taken to the Federal Executive
Council for amendment, modifications and ratification.
d. After ratification, the FEC shall
make same public and its scope of criminal investigation shall mandatorily
include: killings perpetrated by Army and other security personnel in time and
areas of peace or areas not under insurgency; otherwise called crimes against
humanity; mass killing of unarmed and defenseless members of an ethnic or
religious group particularly in non war situations; otherwise called genocide; and
killing or death in military or security custody of civilians or non combatants
in areas of conflict (such as Giwa Military Barracks custodial deaths that
killed 240 civilians including 29 children aged between new born and five
years; and the Rann IDP bombing that killed not less than 236 civilians),
otherwise called war crimes.
e. The
Special Criminal Investigation Team must also embark on visitations to crime
victims and group-victims as well as crime scenes. Administrative invitations
with associated threats and intimidations to individual and group victims and
their advocates as well as all forms of arm-chair syndromes shall be
discouraged and prohibited by the Special Criminal Investigation Team.
f. At
the conclusion of the Special Criminal Investigations, reports shall be issued
and approved by FEC; after which those indicted shall be diligently prosecuted
by the AGF, in accordance with Section 174 (1) of the Nigeria’s 1999
Constitution; while those indicted for war crimes (i.e. death of 240 civilians
including 29 children aged between new born and five years; as well as the Rann
IDP killing of 236 civilians) and genocide (i.e. killing of Pro Biafra
Campaigners and Shiite Muslims) shall either be tried locally or handed over to
ICC for further international investigation and prosecution).
g. There
shall be set up separately by the present Federal Government of Nigeria a
Special Judicial Commission of Enquiry to ascertain as follows: (i) the roles
of top security personnel such as immediate past IGP and his successor as well
as the current Chief of Army Staff, the National Security Adviser, the Chief of
Defense Staff, the Chief of Air Staff and the Minister of Interior in the
referenced killings perpetrated by security personnel; (ii) those responsible
for the massacre of Christians by the Nomad Fulani Jihadists (this is because
till date the Federal Government of Nigeria has not declared the violent
activities of same as armed rebellion or insurgency); and (iii) the
identities of slain victims of Shiite Muslims, Pro Biafra Campaigners and
Christian activists killed by Government security operatives and the Nomad
Fulani Jihadists.
h. The
Special Judicial Commission of Enquiry shall be constituted by the Office of
the AGF and approved by FEC. It shall have representatives drawn from (1)
Amnesty International, (2) Nigerian Rights Groups including those based in the
Southeast Zone; (3) the Federal Government of Nigeria bearing in mind its federal
character; (4) Nigerian Armed Forces and Police; (5) Nigerian Bar Association;
(6) the Catholic Secretariat of Nigeria and its Kafanchan Archdiocese; (7) the
ECWA Church; (8) the Christian Association of Nigeria including the PFN; (9)
relevant Muslim groups; (10) the Islamic Movement of Nigeria; (11) the
Indigenous People of Biafra; (12) Nigerian Union of Journalists, (13)
etc.
i. The
Special Judicial Commission of Enquiry shall come out with three major
recommendations: (1) punitive and administrative reprimands, such as dismissal
or sack of those public office holders found culpable-vicariously and
individually; as well as their criminal prosecution; (2) proscription of
violent groups found culpable and criminal prosecution of its principal
officers and foot perpetrators; and (3) adequate compensation of the individual
and group victims of State killings as well as those killed by the Nomad Fulani
Jihadists.
j. Adequate and well publicized State
apologies and constitution of the National Sorry Day for those killed outside
the law in Nigeria.
Signed:
For: International Society for Civil
Liberties & the Rule of Law (Intersociety)
·
Emeka Umeagbalasi, Board Chairman
Mobile Line:
+2348174090052
Email: emekaumeagbalasi69@gmail.com
·
Obianuju Joy Igboeli, Esq., LLB, BL
Head, Civil Liberties & Rule
of Law Program
Mobile Line: + 2348180771506
·
Ndidiamaka C. Bernard, Esq., LLB, BL
Head, Int’l Justice & Human
Rights Program
Mobile Line: +2348067557308
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