On Thursday, the Nigerian Army released the names and photographs of eight people believed to be connected to the murder of 17 soldiers killed in Okuama, Delta State, on March 14.
FIJ found that this announcement by the army negates a 2020 Federal High Court ruling which prohibits the institution from declaring anyone wanted without following the appropriate procedure.
The ruling, which was delivered by Justice Ijeoma Ojukwu on July 13, 2020, stated that the military lacked the right to arbitrarily arrest, as it must first make a formal report to any law enforcement agency like the police, which will then make the arrest.
READ ALSO: Okuama Resident Who Said Slain Soldiers Were Not for Peacekeeping on Army’s Wanted List
“The army or defendant has no vires to declare the plaintiff wanted without due process of law,” Justice Ojukwu said.
“The defendant (The Nigerian Army) cannot arrest the plaintiff arbitrarily without making a formal report to a law enforcement agency with the mandate to enforce law and order, otherwise, it would transmute to self-help. The duty of the defendant is to make a formal report to the appropriate authority, like the police, and await the outcome.”
READ ALSO: Army Names 8 People Wanted for Okuama Massacre
This ruling was made after the Nigerian Army declared one Issa Perry Brimah, an author and activist, wanted for raising donations through GoFundMe in 2019 for soldiers fighting against Boko Haram terrorists in the northeast.
Also, Femi Falana, lawyer and activist, in a 2016 interview, stated that it was illegal and unconstitutional for the military to declare anyone wanted. He said declaring such arrests undermined the statutory powers of the police and the State Security Service (SSS).
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