Operations: Army Alleges Court Cases Meant To Distract It

The Nigerian Army said on Wednesday that some of the suits
instituted against it were meant to distract it from carrying out
its constitutional role of defending the territorial integrity of
the country.

The Chief of Army Staff, Lt.-Gen. Tukur Buratai, represented by
Maj.-Gen. Rasheed Yusuf, the Chief of Policy and Plans made the
allegation at the opening of a two-day event tagged “Nigerian Army
Law seminar’’ in Abuja.

“I urge my lord and justices here present to consider this
aspect of national interest, while adjudicating over this type of
cases,’’ Buratai appealed.

The theme of the seminar which was organised in collaboration
with the National Judicial Institute (NJI) was: “The Place of the
law in counter terrorism and counter insurgency operations in
Nigeria.’’

Buratai noted that the fight against terrorism and insurgency,
especially in the North East, had pre-occupied the minds of many
Nigerians, both within and outside Nigeria.

He also noted that it was of concern to the international
community, but assured that the army would adhere to the provisions
of the constitution in dealing with the menace.

“Therefore, since my assumption of office since 2015, I and my
Principal Staff Officers have been monitoring issues on allegation
of human rights abuses against troops deployed for operations
across the country in line with the President and
Commander-In-Chief of the armed forces’ mandate to the Nigerian
armed forces in the fight against terrorism.’’

Buratai said that in dealing with the terrorists, the army had
ensured that the fundamental human rights of citizens were
adequately protected in all exercises and operations.

“So far, we have been able to address petitions and other
different kinds of claims against the Nigerian army through the
establishment of Human Rights Desk offices in the army headquarters
and across the Nigerian army Divisions.

“The human rights desk has special hotline for citizens, who
have genuine claims, complaints and petitions to make against the
Nigerian army in order to report natural disasters or to report any
act of terrorism, among others.

“The phone number to dial is 193.

“The Nigerian army has also ensured that all cases pending in
civil courts against it are either assigned to competent registered
Nigerian army external advocates or military lawyers in the
Directorate of Legal services.

“Court Martial cases or trials in the field are also given
professional attention by deploying legal officers, who are not
only trained military personnel, but legal practitioners.

“The Nigerian army as an institution is guided by appropriate
legal advice in sustaining its flexibility in the conduct of its
operations and this has been adequately acknowledged within the
nation and the comity of other nations.

“Adherence to the rule of law is consistent with my vision which
is to have a “professionally responsive Nigerian Army in the
discharge of its constitutional roles.’’

“Let me point out that the Nigerian army will continue to adhere
to the rule of law in our operations,’’ he said.

The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, who
declared the seminar open, noted that terrorism and counter
terrorism had been a major security threat globally.

Onnoghen, however, said that in spite of this, the place of the
rule of law in a society could not be overemphasised.

“In a democratic system of government, it is the rule of law
that dictates the pace at which human beings interact among
themselves.

“Therefore, respect for fundamental human rights of citizens is
sacrosanct,’’ the CJN, who was represented by Justice Kudirat
Kekere-Ekun, a justice of the Supreme Court said.

He stressed the need for members of the armed forces to obey the
rule of law in their operations.

“This is because the business of bearing arms or defending the
nation involves life and death for both regular forces and
citizens.

“There have been allegations and cases of human rights abuse
against the military in its efforts to stamp out terrorism and
insurgency in Nigeria.

“It is therefore, my strong belief that this seminar will touch
on those issue,’’ Onnoghen said.

According to him, it is my belief that the armed forces of today
have gone beyond their outlook in the past.

“The military justice system which is basically rooted on
regimentation has been condemned by human rights activists in the
past.

“I am of the opinion that there have been tremendous
improvements as regards the military observing rule of law in its
operations in line with global best practices.’’

The Administrator of the NJI, Justice Roseline Bozimo said the
collaboration between the institute and army was borne out of the
realisation to build capacity of judicial officers and military
lawyers.

Bozimo said that this could be achieved by creating a forum for
interaction, exchange of ideas and for better understanding of
military law, rule of law and due process.

According to her, this is even more germane in the light of the
high incidence of insurgency and terrorism, bearing in mind that
military lawyers are expected to be involved in the investigation
and prosecution of these cases.

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