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| Rejection of Army’s Kangaroo rights abuses investigation panel and request for proper criminal investigation and punitive measures against Buratai & Ors |
(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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