Falana, a Senior Advocate of Nigeria, pointed this out in a letter to the Attorney-General of the Federation and Minister for Justice over the “violation of the human rights of innocent members of Okuama community and their unlawful arrest and detention in connection with the alleged murder of 16 soldiers without allowing them access to their lawyers”.
A human rights lawyer, Femi Falana (SAN) has faulted the arrest, detention, and interrogation of unarmed civilians by the Nigerian military despite several court judgements that have declared such actions illegal and unconstitutional.
Falana, a Senior Advocate of Nigeria, pointed this out in a letter to the Attorney-General of the Federation and Minister for Justice over the “violation of the human rights of innocent members of Okuama community and their unlawful arrest and detention in connection with the alleged murder of 16 soldiers without allowing them access to their lawyers”.
In the letter dated April 24, 2024, Falana said denying the detained citizens access to their lawyers as stipulated by the Administration of Criminal Justice Act, may vitiate their eventual trial.
He said, "The military authorities have announced the arrest and detention of some suspects over the murder of the 16 soldiers.
“We have confirmed that the suspects are undergoing interrogation in the defence headquarters at Abuja without access to their lawyers as stipulated by the Administration of Criminal Justice Act.
“The denial of access to the lawyers alone may vitiate the eventual trial of the detained suspects.”
Citing some decided cases to support his argument, the legal luminary said that in the case of Miss Grace Anita Paul v. The Chief of Army Staff & Ors, "the Federal High Court held that the Nigerian Army lacks the power to arrest, investigate, and hold in custody, anyone who is not subject to the Armed Forces Act or any other military law.
"The trial judge, Justice Taiwo Taiwo warned the military not to usurp the powers of the Nigerian Police Force under Sections 4 and 84 of the Police Act which empowers the police to detect and investigate crimes in Nigeria."
Falana told the justice minister that it is high time 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.
He maintained that in several cases, the Nigerian Army has been ordered by courts to desist from subjecting unarmed civilians to any form of harassment or intimidation whatsoever.
Falana said, "In Senator Bola Ahmed Tinubu v Chief of Army Staff (Suit No FHC/L/CS/1510/15), the Applicant complained that for three consecutive days, helmet-wearing and battle-ready soldiers had kept surveillance at his Ikoyi home at 26, Bourdilion Street, Ikoyi, Lagos.
"John Tsoho J. (as he then was and now Chief Judge of the Federal High Court) found the action of the troops illegal and proceeded to restrain the Chief of Army Staff, his agents, and privies from arresting, detaining, harassing, or intimating the applicant and further laying siege on his house.
"It ought to be pointed out that murder is not a military offence to warrant investigation by the defence headquarters. Recent experience has proved that the Nigeria Police Force is well positioned to arrest the suspects involved in the dastardly killing of the 16 soldiers.
"For instance, at least nine suspects have been arrested by the police over the February 26 murder of six police personnel killed during a special operation at Evil Forest in Ughelli North LGA of Delta State."
"On November 4, 2023, the 19 suspects were arrested in connection with the disappearance and death of Idris Alkali, a retired general. The suspects are currently on trial at the Plateau State High Court," he added.