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  • Is the military guilty of war crimes?

    About a month ago, the global rights watchdog, Amnesty International (AI), indicted the military for war crimes in a report titled: “Stars on their shoulders, blood on their hands”. Since then, there has been a clamour for a probe of the report. The Federal Government has since launched such a probe. But some groups, such as Access to Justice (AJ) and Borno/Yobe Forum, are calling for a judicial panel of enquiry into the allegations. Is that necessary? Under what legal parameters will the panel operate and what will be its terms of reference?  PRECIOUS IGBONWELUNDU sought lawyers’ views.

    On June 3, global watchdog Amnesty International (AI) published horrid details of alleged war crimes by the military which is battling terrorism in the Northeast.

    The report sparked mixed reactions. Some hailed the report; others condemned it. Civil society groups tongue lashed AI for always publishing damning reports whenever Nigerian troops were having upper hand over the insurgents.

    The Coalition of Nigerian Election Observers slammed AI for what it called blatant act of irresponsibility. The group, comprising about a hundred civil society organisations, urged the Federal Government to motivate the military to sustain the gains recorded in prosecuting the war against terrorism, calling the report a smear campaign.

    But the Borno/Yobe Forum, while demanding a judicial inquiry, said AI’s report was an understatement of the alleged atrocities committed by the military in the Northeast. It claimed that it has consistently drawn government’s attention to the need to make the armed forces respect their rules of engagement in such operations, adding that documented incidences of arbitrary arrests, rape, detention and wanton destruction of lives and property have been secured and presented as proof of the alleged excesses of the military.

     

    AI’s Allegations

    In the report titled “Stars on their shoulders. Blood on their hands: War crimes committed by the Nigerian military”, the organisation accused some military commanders of extra-judicial killings, torture, enforced disappearance, high-handedness and sundry crimes in the prosecution of the battle against Boko Haram insurgents.

    It claimed that its report was based on years of research, analysis-including leaked military reports and correspondence, as well as interviews with more than 400 victims, eyewitnesses and senior members of the Nigerian security forces – and called for an independent, impartial investigation into the allegations as well as trial of retired and serving high ranking military personnel found wanting.

    The report revealed that more than 7,000 young men and boys died in military detention facilities from March 2011 and over 1,200 people unlawfully killed from February 2012; 47 detainees died on June 19, 2013, at Sector Alpha detention centre (Guantanamo) as a result of suffocation; and more than 500 bodies (those who died from diseases) buried in and around ‘Rest House’, a detention facility in Potiskum, Yobe State.

    It alleged that 683 detainees died in custody between October 2012 and February 2013; more than 4,700 bodies brought to a mortuary from a detention facility in Giwa Barracks; and more than 1,400 corpses deposited in the mortuary in June 2013 alone.

    More than 20,000 young men and boys arrested, mostly arbitrarily, since 2009 with some of them as young as nine years old; almost none of the detainees have been prosecuted, while all have been without the necessary safeguards against murder, torture and ill-treatment; detainees are held incommunicado in extremely overcrowded, unventilated cells without sanitary facilities and with little food or water; around 300 people died in a cell in Giwa Barracks of two-days water starvation; emaciated corpses in mortuaries.

    It outlined the roles and possible criminal responsibilities of those along the chain of command – up to the Chief of Defence Staff and Chief of Army Staff – and named nine senior Nigerian military figures who should be investigated for command and individual responsibility for the crimes committed.

    Salil Shetty, Amnesty International’s Secretary-General, said: “This sickening evidence exposes how thousands of young men and boys have been arbitrarily arrested and deliberately killed or left to die in detention in the most horrific conditions. It provides strong grounds for investigations into the possible criminal responsibility of members of the military, including those at the highest levels…

    “Whilst an urgent and impartial investigation of these war crimes is vital, this report is not just about the criminal responsibility of individuals. It is also about the responsibility of Nigeria’s leadership to act decisively to end the pervasive culture of impunity within the armed forces,” he said.

    Although the military debunked the allegations in strong terms and maintained they have followed the rules of engagement and ensured professionalism, President Muhammadu Buhari in upholding human rights of the citizens promised to investigate AI’s claims.

    However, analysts believe the President should ignore the demand for a judicial commission of inquiry being made in some quarters, because it is unnecessary and diversionary. They have argued that fighting terrorism is not conventional warfare, else, the United States would not have killed Osama Bin Laden the way it did.

    The observers have accused the international body as well as all those clamouring for judicial inquiry of a plot to demoralise the troops as well as distract them from the gains recorded so far, thereby empowering the terrorists for more vicious attacks and wanton killings.

    Instead of constituting a judicial commission of inquiry at this moment when the priority should be fighting, observers are of the view that government should probe the allegations administratively, without interfering with or obstructing the troops in their national assignment.

     

    Lawyers’ speak

    Legal practitioners also believe that the call for judicial inquiry is misplaced and a distraction from the major issue. They believe that the focus at the moment should be containing the monstrous activities of the sect, which have killed thousands of innocents.

    The lawyers, who all opposed any independent findings into the allegations for the time being, urged the government to apply caution, in order not to be deceived by international bodies who benefit from the crisis.

    •Sagay
    •Sagay

    Professor of Law Itse Sagay (SAN) said there was no need for any probe whatsoever, advising the government to discard the report.

    ‘‘Honestly, I have never taken warmly to the allegations. AI took so much trouble trying to detail the harm done by our troops to Boko Haram and their sympathisers without caring for the thousands of lives lost to Boko Haram’s brutality.

    ‘‘My attitude is that they are sponsors of Boko Haram. I do not take them seriously and if I was President, I would have shut their offices in Nigeria and deported them. I do not see the need for any probe whatsoever. There is no need and I think the President should not allow them distract him.”

    Senior lawyer Chief Felix Fagbohungbe (SAN) said the government should defer any intentions to probe the allegations and allow the military complete its operations.

    •Fagbohungbe
    •Fagbohungbe

    He noted that though it is proper to investigate in order to indict or exonerate the institution and persons mentioned in the report, the issue is a sensitive one, which cannot just be exposed to the world because of national security.

    ‘‘This is a sensitive issue that cannot just be exposed to the world. I do not think judicial inquiry is appropriate here because issues that could jeopardise national security would arise and the war has not been completed.

    ‘‘The government’s machinery is wide and I believe these allegations can be probed administratively, discouraging the military in its assignment. To me, the government should defer any probe intentions because winning the war is our priority at the moment.

    ‘‘Setting up judicial commission of inquiry would discourage soldiers and endanger more innocent lives,’’ he said.

    Similarly, constitutional lawyer Dele Adesina (SAN) advised the government to set up an administrative committee through the office of the National Security Adviser (NSA) to investigative the authenticity and veracity of the claims.

    • Adesina
    • Adesina

    He dismissed the idea of a judicial inquiry on grounds that security matters are treated with caution.

    ‘‘The allegations are weighty and should not be easily disregarded by the government as mere noise making or irrelevant. I am of the view that the government should investigate, whether it is true or not and to also know the extent to which they are true.

    ‘‘But I would not support a judicial commission of inquiry. I may prefer an administrative inquiry because security issues are involved. Apart from that, a section of Nigeria is at war and the war has not been concluded.

    ‘‘The President is the Commander-in-Chief of the Armed Forces and so, he can, in that capacity, set up an inquiry that will answer to him. They will make their findings known to him because the aim is to discover the truth or otherwise of the allegations.

    ‘‘It is important to note that the armed forces have joined issues with AI and dealso a statement of fact that the territorial integrity of this nation is being challenged by Boko Haram and the country cannot fold its arms while part of its territory goes down.

    ‘‘This is why we have to be careful. I would rather advocate for an administrative inquiry headed by the NSA, not a judicial inquiry,’’ said Adesina.

    Former Attorney General and Commissioner of Justice in Edo State Dr. Osagie Obayuwana also approved any other method of investigation except for judicial inquiry.

    He noted that as serious as the allegations were, they should not be the priority of government, but should rather be probed after the war must have ended as part of the lessons learnt.

    Obayuwana however advised the President to make a declaration on the need for the troops to uphold international best practices and stick to the rules of engagement during operations, so as to avoid allegations of human right abuses.

    ‘‘The government cannot turn a blind eye as long as those issues have been raised. But I think they are distractions and should not be treated like priority. In as much as I am not justifying the allegations of human rights abuses, we have to appreciate that the troops are not fighting conventional war.

    ‘‘That notwithstanding, there are laws and standards of wars, even when guns are booming. The rules of engagement say there should be no raping of women and children; no killing of unarmed persons or those who have surrendered and no looting.

    ‘‘I think the substance of the allegations is that people who were arrested on allegations that they are Boko Haram members or supporters, which could not be substantiated, were killed on the basis of the allegations that may have been untrue.

    ‘‘It is true that people can use the terror siege to settle personal scores and communal clashes by falsely indicting their rivals as terrorists. There were also allegations of vengeance killings against our soldiers, if true, this is also wrong because it offends the principle of separation of powers.  There is no basis for a soldier to kill an unarmed suspect or supporter of Boko Haram.

    ‘‘I think our soldiers should be trained to appreciate the legal standards. However, the barbarism of Boko Haram has conditioned the attitude of the average Nigerian, soldier or not. It makes people believe that subjecting them to trial is a waste of time, but we must discourage wanton killings, including by the state.

    ‘‘A commission of inquiry right now can only look at the evidence AI has put up, giving that the reign of terror is still ongoing. The war is still raging and more atrocities are being committed. So, i do not support that now.

    ‘‘Rather, I think the President can make a statement reminding soldiers of the law of conflicts. Maybe, when the war is over, we can constitute the panel as part of our learning process,’’ said Obayuwana.

    For Lagos based lawyer Monday Ubani, caution must be exercised in dealing with the allegations raised by AI, calling on the NHRC to do their job.

    As serious as the allegations are, Ubani said he does not support any Judicial Commission of Inquiry into the matter.

    ‘‘In Nigeria we have a credible body like Human Rights Commission that is set up for situations like this. It is headed by erudite Professor Anselem Odinkalu, and has shown credibility in their investigations so far on human rights violations in Nigeria.

    ‘‘I am not in support of any judicial panel or any other panel for that matter to investigate this allegation. Let the Human Rights Commission carry out its statutory role in investigating this allegation and report appropriately.

    ‘‘Their findings and recommendations should be taken seriously and implemented. If there are parties who are found culpable, my advice is that they should not be spared by the law of the land.

    ‘‘Having said this, we must also caution that as a nation we must not fall into the trap of the international bodies whose ultimate purpose is to mislead and distract the present government in vigorously pursuing the goal of ending the present insurgency in Nigeria.

    ‘‘There may be nations and international bodies who may be beneficiaries of the present insurgency in Nigeria and there is a possibility for them to use Amnesty International to send Nigeria on a wild goose chase.

    ‘‘Therefore, we must be very careful not  to be swayed by these latest statistics of deaths of insurgents whereas the same body has not been very diligent in providing statistics of those that the insurgents have mass murdered over these years.

    ‘‘Caution should be the watchword. If the evidence of Amnesty International appears credible and incontrovertible, then the appropriate body which to me seems to be the Nigerian Human Rights Commission should be reminded to step in to perform its function as mandated by law.’’

  • Military frees 182 Boko Haram suspects

    Military frees 182 Boko Haram suspects

    THE military authorities in Maiduguri, the Borno State capital, yesterday freed 182 people arrested by security agents on suspicion of having links with Boko Haram.

    Chief of Army Staff Lt.-Gen Kenneth Minimah, who handed over the suspects to Governor Kashim Shettima at a military base, said the suspects had been cleared by the military authority of not having any links with the insurgents.

    “We have over 100 detainees who were suspected to have link with Boko Haram. They are 100 men, 24 women, 40 underage boys and 18 children.

    “They have been cleared; we have decided to hand them over to the Borno State government.

    “They have been thoroughly investigated and acquitted of any involvement in the activities of Boko Haram or connected with the group,” Minimah said.

    The release of the detainees was one of the highlights of the Army Day celebration marked in the state yesterday, which the Army chief with other top military officers attended.

    Lt.-Gen. Minimah said the event was “to project the achievements, capabilities and prospects of the Nigerian Army, as well as boost the morale of troops fighting Boko Haram in the Northeastern states”.

    Shettima asked the freed suspects to take advantage of their freedom and promised to assist them to return back to normal life.

    He hailed the military for respecting the fundamental human rights of the suspects and displaying a high sense of professionalism in their activities.

  • Military: over 600 insurgents killed in one month

    Military: over 600 insurgents killed in one month

    As the military intensifies the battle against Boko Haram, there were indications yesterday that over 600 insurgents have been killed in one month.

    It was also claimed that since the emergence of new administration of President Muhammadu Buhari no single territory in Nigeria is being occupied or proclaimed.

    But a major challenge being faced by the military is that of suicide bombers who might be operating with insiders within some communities.

    PRNigeria, a military covert media channel for the war against Boko Haram in an update said.

     “Even as there is little information flowing from the military about their ongoing operations against terrorism in the North-Eastern parts of the country, several sources have confirmed to PRNigeria that over 600 terrorists must have been killed in the last one month while other insurgents are finding life extremely difficult.

    “A top security officer said while the terrorists have engaged in guerrilla tactics of using vulnerable girls and young men for suicide attacks on soft targets, we ensure that their fighters do not escape as they continue to meet their waterloo in the hands of the troops.”

     The military also gave insights into why the insurgents have become more desperate in the past few weeks in attacking remote villages.

    It also said a major challenge being faced by troops was the increasing number of suicide bombers, most of who are from some of the targeted communities.

    The update added: “In their desperation to create fear among the citizens, the terrorists are now deliberately targeting remote villages where their former members who had renounced the sect membership are taking refuge.

     ”On the guerrilla tactics employed by the terrorists, the security source said “the major challenges we face is that of suicide bombers who might be operating with insiders within the communities”.

    “There is no way we can identify potential terrorists or suicide bombers from their faces or movements. Some of them look as innocent as new born babies.”

    The officer, therefore, urged residents to muster the courage by exposing suspects, strange objects or movements to the authorities.

    The source added that since the emergence of the President Muhammadu Buhari administration, no single territory in Nigeria has been occupied or proclaimed by the terrorists as their “Caliphate” “even as their leaders are either being killed, captured or on the run.”

    PRNigeria claimed that both the Army and the Air Force troops have intensified counter-insurgency attacks on Boko Haram.

     ”One particular senior military source disclosed that both the Army and Air Force personnel are not relenting in the battle to rid the region of terrorism and are daily dealing ruthlessly with the enemies by killing them and destroying their vehicles, especially in recent operations, “ the update said.

     The PRNigeria, however, said the relentless campaign against the Nigerian military by Amnesty International (AI) was dampening troops’ morale.

     It said: “Nonetheless, very senior officers and military psychologists have revved up their efforts in assuring combatants that AI reports were meant exactly to achieve that same negative objective of dampening morale and so, they must never allow the enemies of Nigeria to win.

    “ The Nigerian Air Force continues to conduct their regular missions while soldiers conduct raids on suspected terrorists’ hideouts.”

  • Military, civilians repel Boko Haram’s attack in Maiduguri

    Military, civilians repel Boko Haram’s attack in Maiduguri

    It was another  horrible  night for residents of Maiduguri, Bornu State, Friday, as suspected Boko Haram insurgents launched another attack on the city.

    Reports said it took the resistance of the military  and youth vigilante group (Civilian JTF) before the advancing attackers were repelled.

    Eyewitnesses and security sources said the insurgents were advancing from Koshebe village in Mafa town,located about seven kilometres towards Zabarmari in Jere local government area with superior fire-power before the military kept them at bay.

    Details of casualty figure were still sketchy at the time of filling this report.

    An eyewitness, Maimala Shehu, said he saw youth vigilantes members carrying dead  and injured victims  to hospital.

    Unconfirmed reports said several people have been killed  and many others injured in two separate attacks on Friday evening in Bama town and Koshebe village of Mafa local government area of Borno State.

    This latest attacks came just 24 hours after similar incidents in Kukawa, Monguno, Malari in Konduga and Miringa town of Biu local government area claimed over 200 lives.

    Attempts by our Correspondent to get the military’s reaction on  the incidents failed due to poor telecommunications service in the state.

    The Nation gathered that Governor Kashim Shettima will visit one of the affected areas on Saturday morning.

  • Boko Haram: Amnesty and the military

    Amnesty International, the world’s foremost human rights campaigner, must be surprised at the energetic reaction of the Nigerian people and organisations to its report of June 3, on the conduct of the Nigerian armed forces in the fight against Boko Haram terrorists. In the report, Amnesty charged Nigerian soldiers and their commanders with gross human rights violations, including execution of some 7,000 innocent people for not producing Boko Haram members who killed their comrades in arms in their villages and towns. Even the Nigerian human rights community reputed for its criticisms of the Nigerian state was in the forefront of the denunciation of the Amnesty report which also calls for the arrest and prosecution of soldiers, middle and senior military commanders, including the immediate past Chief of Defence Staff, Admiral Ola Sa’ad Ibrahim, and the erstwhile Chief of Army Staff,  Lt Gen Azubuike Ihejirika, and their successors. Meanwhile, President Muhammadu Buhari has pledged to look into the allegations and treat them with the seriousness they deserve.

    Nigerians, irrespective of their differences and political leanings are united in the criticism against the Amnesty report. This is one of the rare instances in our recent national history where national consensus has been reached so easily. The reason is simple: Boko Haram is a national embarrassment of profound proportions. All of us are casualties, to use the language of J.P. Clarke, the outstanding Nigerian poet, playwright and essayist. In other words, those who used to think that the insurgency was a north-eastern affair were in grave error. One of the first officers to be felled in the war against Boko Haram was a young gallant captain from Ozubulu in Anambra State in the South-east. The highest ranking officer to be gunned in the battle against Boko Haram was a brilliant Lt Colonel from Uke in Idemmili North Local Government Area, also of Anambra State, a veteran of the Liberian and Sierra Leone civil wars who had just returned from China where he underwent an advanced course in guerrilla warfare. Various Igbo communities with their sons and daughters in the north lost quite a number of them when Boko Haram terrorists on occasion opened fire on them in places like Niger State and Adamawa State. The most senior officer being tried right now for cowardice in the war against the terrorists is Brigadier General Ransome-Kuti, from Abeokuta in Ogun State. To state the obvious once again, we all are in various ways casualties of the Boko Haram menace.

    Nigeria may be far from being a united political entity, but the war against the insurgents is bringing the people together. Bertrand Russel, one of the greatest philosophers of the 20th century, has called our attention to how crises tend to unite people. In his BBC prestigious Reith Lectures, Russel argued that passengers on a bus may not be talking to each other because they are strangers, but they would definitely come together to fight an enemy if any of them is attacked by an external force. Nigerians have been denouncing the Amnesty report like one man because, among other things, the report would seem to provide a tremendous propaganda weapon to the terrorists. The report is ominously silent on the unspeakable atrocities committed by the dangerous sect daily against defenceless members of society, a development which brings to mind the ongoing savagery in the Middle East by the Islamic State of Iraq and Syria (ISIS), which interestingly attracts strong condemnation from all and sundry around the world. The new Amnesty report which demands the prosecution of top military officers for war crimes is reminiscent of the report by the same human rights organization in 2009 which strongly condemned the Nigerian police for killing the founder and leader of extremely the dangerous Boko Haram sect, Mohammed Yusuf, and demanded severe punishment for the security men but said nothing about the scores of policemen butchered like animals in an unprecedented orgy of violence which rocked Maiduguri, the Borno State capital, for days. Consequently, Nigerians often wonder if Amnesty International is on the side of terrorists.

    True, the Nigerian military is fighting the terrorists from a disadvantaged position. Our soldiers are trained to fight in conventional war where the enemy has a known territory, wears a uniform and to some extent obeys rules of engagement. Boko Haram is composed of sheer terrorists, and the brainwashed membership engages in guerrilla warfare. While the military takes its time in firing against the enemy so as to minimize collateral damage as much as possible, terrorists do not give a hoot if innocent persons are felled down by their bullets. Like armed robbers under siege by security men, Boko Haram members just spray bullets on all and sundry, delighting in collateral damage. As far as they are concerned, women and children are targets, a fair game. They routinely disguise as pious Muslim women and frequently strap improvised explosive devices (IEDs) on callow eight-year-olds, turning them into cannon fodder.

    Soldiers who fight in such circumstances anywhere in the world are bound to be edgy. They could tamper with human rights easily. The truth is that even in the best of conventional wars, there are always gross human rights abuses. As any American soldier who has been on a duty of Iraq since 2003 can tell you in confidence, the reported human rights violations by American soldiers which Washington reported are only a tip of the iceberg, the least of such awful abuses which occurred on a grand scale. The concept of espirit de corps compels commanders not to escalate the reports to higher authorities. War is no tea party anywhere. Thousands of innocent lives are at stake every minute. In most cases, the political authorities turn a blind eye to such reports because they do not want to demoralize the young men and women in the firing line. Both President Richard Nixon and his secretary of state, Henry Kissinger, were aware of the terrible things which American fighters were doing in Vietnam in the 1960s and 1970s against the locals.

    Still, the Amnesty International’s allegations of improper conduct against the Nigerian military should not be dismissed with a cavalier wave of the hand. All soldiers, including those fighting in wars, must abide by the Geneva Convention, the rule of law and due process. The lives and dignity of fighting soldiers are as important as those of civilians. What riles most Nigerians about the Amnesty report is that the human rights body seems to be on a mission to demoralize and demonise the Nigerian military which has over the decades given a wonderful account of itself in various countries of the world. Our past and serving top commanders appear to have been marked down for ruination, accusing them of complicity in atrocities even when all evidence suggests they have been absolutely ignorant of the alleged human rights violations. The Amnesty report seems to have provided Boko Haram a propaganda stunt which former British Prime Minister Margaret Thatcher famously called  the oxygen of life for terrorists the world over. Nigerians deserve better.

    • Mustapha, a retired naval officer, sent in this article from Port Harcourt, Rivers State.
  • Cross River: no military bombardment in Calabar

    Cross River: no military bombardment in Calabar

    there is no military expedition or bombardment in Calabar, the Cross River State capital, the government said yesterday.

    Christian Ita, the chief press secretary to Governor Ben Ayade, said the report of a bombardment in Calabar was “unfounded and untrue, fabricated by twisted minds for devious purposes”.

    In a statement in Calabar, the spokesman said there was no basis for such incident.

    He said: “There is no military raid going on in Calabar. There has been no bomb attack in the state capital. The only military expedition that took place sometime last week was an operation undertaken by the Nigerian Air Force (NAF) to flush out criminals on the Cross River/Akwa Ibom waterways, which is far removed from towns and civilian population.”

    Ita added that the military exercise only lasted a day.

    He said: “As long as we cannot dissuade or prevent anybody from pursuing any course they deem fit, they should leave Cross River State out of their clandestine campaign and look elsewhere. All pictures purportedly showing places that were bombed were all simulated; they are products of photoshop.”

     

  • Military rascality

    Military rascality

    Nothing in many of our military personnel’s conducts has shown that that important institution has realised that the country is now under a democracy. And our reasons for saying this are legendary: an unidentified soldier in Kaduna State recently shot a truck driver, Abdul Saminu, who was conveying potatoes from Zaria to Kaduna for reportedly not yielding to his demand for N200 bribe. Saminu’s counter-offer of a bribe of N100 reportedly infuriated the trigger-happy soldier. Though the truck driver was lucky to have escaped with mere bullet wounds, it is high time these military men were lectured on civil-military relations.

    Also, residents of Omoyele Street in the Majidun area of Ikorodu, Lagos State, were reportedly dehumanised and dislodged by soldiers and officers of the Nigerian Navy sent there eight months ago to combat vandalisation of oil pipelines in the community. Apart from initial impounding of thousands of litres of petrol and arrest of culprits, the men in uniform reportedly seized about 20 houses on the street and closed shops under the guise of securing the area. Normalcy may elude the place for long except there is a quick official intervention.

    Two empirical cases of military brutality to the people of Majidun area will suffice: The first: Iyanu Chioma, a mother of three, gave a graphic picture of how her family members were compelled to relocate to Ogolonto area after the armed men ejected them from their house: “This suffering is too much. Imagine my mother-in-law, my husband, my children and I living in one room. Feeding has been very difficult for us since we were sent out of our house in Omoyele. Those soldiers are now living in our house. My children cannot go to school again because there is no money. My husband is a commercial boat operator, while my mother-in-law had a shop, where she used to sell drinks. The military men closed the shop and also stopped my husband from operating on the river.”

    The second: Ola Omoyele painted a pathetic scenario of how they were dehumanised by the military men: “They told us to leave. I could only pick a few of my property… The most annoying thing is that some elders on the street were also sent out. They should please allow us to move back to our houses.”

    The military’s reaction to the allegations by Colonel Mustapha Anka of the 81 Division, was rather tepid: “Our officers are only there for anti-vandal operation. The residents are free to engage in lawful activities.”

    We condemn the conduct of the military in both situations. Quite a few other inhuman conducts, sometimes on the roads, have been unleashed on civilians and the earlier such is stopped, the better. The trigger-happy soldier in Kaduna must be fished out and duly punished for his criminal conduct. In Majidun, the military personnel were deployed to restore law and order and not to harass law-abiding citizens. Sadly, the fact that it takes months before the plight of the Majidun people was reported shows a failure on the part of civil society groups in the country. Most of them now see their platforms as a means of making cheap fortune.

    The occupation of others’ properties by soldiers without justifiable reason is illegal and this could not have been part of the brief given to the soldiers when they were drafted to Majidun. If the soldiers have reasons to believe that hoodlums and criminals still use the place as base, they should use all lawful means to flush them out. And, that, indeed, is what we expected the military authorities to say instead of trying to paint the picture that there is no truth in the allegations made by the displaced residents. We call on the military authorities to ensure that the soldiers are withdrawn from the place as soon as normalcy is restored there.

     

  • Military evaluates security situation in Niger Delta

    Military evaluates security situation in Niger Delta

    The military authorities are currently studying the series of threats to peace and other security breaches emanating lately from the Niger Delta region.

    The Defence Headquarters believes that the threats from some youth groups including ex-militants enjoying the Amnesty Programme of the Federal Government cannot be dismissed with a wave of the hand.

    Of particular concern to the military are increasing economic sabotage, kidnapping, piracy and other forms of criminality in the region despite the ongoing amnesty.

    The Chief of Defence Staff, Air Chief Marshall Alex Badeh, said on a visit to  Bayelsa State at the weekend that the armed forces would deal decisively  with any security  breach in any part of the country.

    He warned war mongers and perpetrators of criminality to desist or be ready for the consequences of their actions.

    Badeh was in the state to inaugurate the permanent complex of the Headquarters of the Joint Task Military Force, Operation Pulo Shield in Yenagoa, the state capital.

    He wondered why oil theft, kidnapping and other criminal activities should be on the rise in the region despite the peace agreement reached with former militants.

    He said: “Criminalities in the Niger Delta, we thought, had stopped, but now they are on the rise again. But I know that our gallant men and women are equal to the task.

    “We are after the bad men; we are good men and darkness can never overtake light. No nation can develop in the presence of so much criminality.

    “Now we are hearing that people are taking up arms here and there; kidnapping is on the rise, oil theft is on the rise, going by the last seizure of a ship loaded with 15,000 metric tons of illegal properties.

    “The military was here before and we reached a simple agreement to down tools to work together for the benefit of our nation. We want to tell the criminals that they should not allow us to turn our guns back on the Niger Delta. Please, do not let the Armed Force turn its arsenal on the Niger Delta.”

    The CDS urged youths in the region to operate within the ambit of the law adding that the JTF had been empowered to combat all manner of criminalities in the region.

    He commended the JTF Commander, Maj.-Gen. Emmanuel Atewe, for his foresight, saying the permanent complex would save the JTF from spending huge amounts of money on rented apartment.

    In his remarks, Deputy Governor of Bayelsa State, Rear Admiral John Jonah (rtd.) extolled the effort of Atewe-led JTF in building the permanent complex with military designs and concepts.

    He said that since his assumption of office as Commander of the Operation Pulo Shield some months ago, the JTF had destroyed over 1,000 illegal oil refineries, 400 boats used for illegal bunkering and 20 trucks containing illegally refined products.

    Scores of suspects have also been arrested in connection with oil theft, he said.

    He said the new JTF Complex occupies over eight acres of land comprising of officers’ accommodation, residential apartments for officers and men, sports and fitness centre, medical facilities and officers mess.

     

  • War crimes: Military pleads for time to reply Amnesty International

    War crimes: Military pleads for time to reply Amnesty International

    The Nigerian military has pleaded for time to enable it study the report, containing allegations of war crimes and human rights abuses levelled against officers and men by the Amnesty International (AI)

    The AI has, on June 3, released a report, indicting some past and serving military officers of war crimes in the course of the counter-insurgency campaign in Northeastern Nigeria.

    But a statement yesterday by the Chief of Army Staff, Lt. Gen. Kenneth Minimah, accused the AI of rehashing the same report since 2011 and presenting it to the public.

    “Amnesty International report was released on 3 June 2015. Therefore, the Nigerian military as a responsible corporate organisation is bound to  respond to these allegations in order to put the records in proper perspective.

    “For the avoidance of doubts, the Amnesty  International’s allegations of human rights abuse and extra judicial killing of civilians are a rehash of the same allegations made against the military since 2011.

    “No new facts have been unearthed by the Amnesty International to warrant their repeated allegations.

    “However, the figures adduced by the Amnesty International  as victims of extra judicial killing by the military have kept on increasing from 4,600 to 8,000 and even as high as 13,000 civilians.

    “The military has the constitutional and moral responsibility to protect Nigerian citizens and cannot suddenly engage in mass murder as portrayed by the Amnesty International’s  allegations”, the statement said.

    According to the Army Chief, the military had already begun investigation into the report and that it would require some time to address the issues raised therein.

    The statement said: “Consequently, several investigations on these allegations are ongoing. Some investigations have turned in their preliminary reports which have been acted upon. Some of the investigations could not be concluded due to the inaccessibility of the terrain due to the activities of Boko  Haram terrorists.

    “Similarly,the Defence  Headquarters set up two Joint Investigation Teams (JIT) to investigate, screen and categorise  suspected insurgents in detention. Out of the 504 suspects screened, prima facie cases were established against 350 suspects and were recommended for trial at the Federal High Court. Their case files were forwarded to the office of the Attorney-General and Ministry of Justice.

    “The preliminary investigation reports submitted have resulted in the release of some  detainees who are under age,  women and children from some military holding facilities. Sequel to the report of the investigation panel, 42 detainees were handed over to the Borno State Government on Thursday,November 6, 2014 and another set of 124 persons were also handed over to the state government on  November 8, 2014 respectively.

    “You may recall that the released persons were assisted with a token financial assistance of  N100,000 each by the military. The living   condition of the detainees was improved upon with  the decongestion of holding facilities.

    “Additionally,  the Code of Conduct for troops in the North East and other Internal  Operations and Rules of Engagement clearly spelt out guidelines for troops.  Therefore,  the Nigerian military does not in any way condone indiscipline or breach of such regulations, let alone wanton killing or destruction. The Nigerian military collaborates with the International Committee of the Red Cross on training of personnel on laws of armed conflict and humanitarian law regularly”.

    The statement added that the Nigerian Senate and the National Human Rights Commission had also conducted independent investigations into the allegations.

    It continued: “It is worthy to note that the Human Rights Watch on some occasions had to recant its allegations of human rights abuses by the Nigerian military after thorough investigation.

    “The military requested the  Amnesty International to provide a member for the investigation panel to look into the allegations, but the invitation was not honoured by  the Amnesty International.

    “The essence of offering the  Amnesty International the  membership of the investigation panel was to guarantee fairness and justice, while proving to the world that the military has nothing to hide or cover up. The office of the Attorney General of the Federation was also carried along in all the investigations.

    “The military is still  conducting  investigations on the Amnesty International’s  allegations. In the course of forensic investigations, the withdrawal of troops from the frontline for investigation tends to dampen the morale of soldiers and distract ongoing operations against insurgents.   This is one reason why the understanding of the Amnesty International would be worth the while.

    ” The Amnesty International wrote a five-point questionnaire to the Nigerian military in November 2014, alleging extra judicial killing of some groups of people by the military.

    “The military responded to the five-point questionnaire immediately and in December,  precisely 23 December, 2014, the Amnesty International sent another 37-point questionnaire to the Nigerian military which was answered.

    “The  e-mail and hard copy were delivered to the Amnesty  International Headquarters in London on 23, December 2014.  If the military had anything to hide, it would not have responded to the 37 questions and others, especially in the light of the constraints of timing”.

    The Army Chief stated further that the military authorities had facilitated a visit to the detainees by the International Committee of the Red Cross (ICRC) in the various detention facilities at the shortest notice.

    The military, he said, would not have allowed access to the facilities and other operational areas if there was anything to hide.

  • Our Girls; Media vs military; FRSC checkpoints; Legislate against ‘Insult the Citizen Month’

    Our Girls are missing since April 15th 2014. Intelligence is vital for their recovery. This is usually from a debriefing interrogation of freed captives and captured Boko Haram fighters. Are they and kidnap victims debriefed to identify their captors, locate hideouts, analyse modus operandi, trace cellphone numbers and locations and track the money trail?  Some intelligence requires to be paid for leading to opportunities for fraud among security personnel. We pray that the new offensive works. However, it is unethical of the press to prematurely reveal military strategies which must be kept under wraps until after the incident. Boko Haram follows the news giving them an opportunity for ambush, evasion and diversion. Nigeria is at war. Such details cost our soldiers their lives and can cost us the war.

    The Amnesty International Report about military atrocities is another media frenzy matter which the President will study. Human rights are the right of all Nigerians. It is difficult to justify or enforce the human rights of a suicide bomber apprehended only because the bomb failed and who promises to do it ‘properly next time’. However we Nigerians also know that our Human Rights are threatened by everyone in ‘authority’ or uniform, including the police who have again stopped checkpoints, saving the population N12-24billion/year.  The police still swoop on traffic outside their police stations and along major roads in spite of the order.

    Into the gap created by the IGP to stop checkpoints, the FRSC deserves high praise[??] as it has repeatedly proven its uninvited ability to replace the police having abandoned its primary role of ‘keeping traffic moving safely’  at traffic jam areas like on the expressway due to construction and inadequate supervision. Instead the FRSC prefers to jump into the middle of the road, at the Lagos-Ibadan Expressway Ijebu/ Benin turn and a point at Ogere where the FRSC can truncate your human rights to reach your destination merely by stopping you for no offence other than ‘being on the road’. Thereafter they seek an arrest-able or fine-able offence- trumped up or otherwise. There are bad eggs in the FRSC and their actions kill local and international tourism. Why should I be afraid of the FRSC every time I travel? Indeed I cut down travel not because my papers are not intact but because the FRSC has lost its way and will attempt to embarrass anyone. Travellers beware. FRSC ‘checkpoints’ are alive and well and hungry. It seems it is now a detainable offence ‘to be on the road’. The FRSC needs a new direction and requires to be reined in by President Buhari. I am tired of being stopped at Ogere. I always see three or four cars stopped by FRSC at Ogere and Ijebu turn-off.  I cannot understand why I have been stopped more than seven times by FRSC. What is this your experience?

    The Chinese are building a 57-storey building in 19 days. Our 120km Lagos-Ibadan Expressway is under construction in a four years contract. President Buhari must resist the temptation to ignore this vital road, made problematic by the withdrawal of the road from World Bank contractors with an undisclosed probable ‘breach of contract’ payment by Obasanjo who passed it to Babalakin where it stagnated till Jonathan awarded it to two contractors –Julius Burger and RCC. This four-year contract, too slow, too long and too expensive, has crippled life and ‘enjoyment of the journey’ for millions frequently ‘on the road’. Uncaring contractors create malicious bottlenecks and diversions- a nightmare on Saturdays and Sundays.

    After the ‘please vote for me, I beg, I beg’, it will soon be ‘Insult The Citizen Month’ led by Internally Generated Revenue ‘Consultants’ –the time when the drive for IGR will turn politicians into rude arrogant and often stupid animals as they alienate their voters with stupid ‘No U turn’ and parking laws and excessive fines and taxes. Have you had a really outrageous bill or an insulting ‘Demand Notice’ from an agent, private or government insisting that you pay a maliciously and fictionally high figure, with too short payment times seven days to 28 days –as if you are a thief or robber; backdating for several years –before the politian even came to power; and threats of ridiculous sanctions- cumulative interest rates or sealing of premises or eviction? All these are typical in normal Nigerian customer client/ official relationships. This government must change this and REDUCE TAXES IN LAGOS. Such letters and bills deliberately destabilise you and cause you anger and anxiety from the arrogant unsupervised officials. The Nigerian citizen is not a prisoner and deserves to be treated with better respect and compassion by estate agents, tax officials, and organs of government.

    The legislature must introduce ‘Citizen/Client Protection Laws’ making it a punishable offence for government and private agencies to send stupid, insulting and enraging ‘Demand Notices’ for unimaginable ridiculously high fees, rents, etcetera. Instead they should opt for more civilised and respectful ‘Request Letters’ or ‘Expectation Letters’. ‘Anti-Outrageous Bill’  Legislation is required to enforce accountability, supervision and self-discipline in tax bodies and utility companies and thus stopping outrageous, inflated, unrealistic bills, sent to force the receiver to be corrupt, steal or  die from annoyance or blood pressure. Legislation must prevent litigants from naming ludicrous sums as damages and perhaps demand that if the litigant loses a libel case, the litigant must pay the person-sued a sum equal to 1-10% of the sum sued for defamation of character.

    ‘The Chinese are building a 57-storey building in 19 days. Our 120km Lagos-Ibadan Expressway is under construction in a four years contract. President Buhari must resist the temptation to ignore this vital road, made problematic by the withdrawal of the road from World Bank contractors with an undisclosed probable ‘breach of contract’ payment by Obasanjo who passed it to Babalakin where it stagnated till Jonathan awarded it to two contractors –Julius Burger and RCC’