A Human rights lawyer and Senior Advocate of Nigeria, Femi Falana has asked the Attorney General of the Federation, Abubakar Malami to produce the indicted soldiers involved in the brutal murder of three policemen over suspected kidnap kingpin, Bala Hamisu in court for trial.
Falana made this call on Sunday via a statement he personally issued.
The legal practitioner noted that the military’s court-martial lacks the competence to try the soldiers for terrorism offences committed against police personnel or other members of the public.
He argued that the terrorism offence allegedly carried out by the soldiers were not provided for in the Armed Forces Act.
“With respect, the offence of terrorism allegedly committed by the indicted soldiers are not provided for in the Armed Forces Act.
“To that extent, a general court-martial or special court-martial lacks the jurisdictional competence to try the offence of terrorism committed against police personnel and other members of the public by soldiers who are subject to service law.
For the avoidance of doubt, Section 32 of the Terrorism Prevention Act 2011 as amended by the Terrorism Prevention Amendment Act 2013 provides that “The Federal High Court located in any part of Nigeria, regardless of the location where the offence is committed, shall have jurisdiction to (a) try offences under this Act or any other related enactment; (b) hear and determine proceedings arising under this Act,” the statement partly read.
SEE FULL STATEMENT HERE
A COURT-MARTIAL LACKS THE COMPETENCE TO TRY OFFENCES OF TERRORISM
The Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN was reported to have said that the soldiers indicted in the brutal murder of 3 policemen who arrested a suspected kidnap kingpin, Bala Hamisu (alias Wadume) could be tried by a court-martial. According to the Minister, “They are military personnel. First, they are to go through the in-house processes. There are two options – either to charge them before the court-martial which is a special court established by law for the trial of soldiers or in the alternative for the military after consummation of the in-house processes should consider handing them over for trial.”
With respect, the offence of terrorism allegedly committed by the indicted soldiers are not provided for in the Armed Forces Act. To that extent, a general court-martial or special court-martial lacks the jurisdictional competence to try the offence of terrorism committed against police personnel and other members of the public by soldiers who are subject to service law. For the avoidance of doubt, Section 32 of the Terrorism Prevention Act 2011 as amended by the Terrorism Prevention Amendment Act 2013 provides that “The Federal High Court located in any part of Nigeria, regardless of the location where the offence is committed, shall have jurisdiction to (a) try offences under this Act or any other related enactment; (b) hear and determine proceedings arising under this Act”.
Hence, the indicted soldiers were properly charged with terrorism along with other suspects in the only competent court in the land. However, since the military authorities did not release the suspects to the Police for the purpose of arraigning them in court the learned trial judge, the Honourable Justice Binta Nyako rightly ordered the Chief of Army Staff to produce them to answer to the heinous charge of terrorism and allied offences. Even though the Attorney- General withdrew the charges against the indicted soldiers the order that they be produced in court for arraignment has not been vacated or quashed either by the trial court or the Court of Appeal. Therefore, the Attorney-General is duty-bound by to ensure full and unconditional compliance with the valid and subsisting order of the federal high court in accordance with section 287 (3) of the Constitution.
Femi Falana SAN
Nigeria Immigration Service Places Embargo on Capturing, Issuance of Passports
The Nigeria Immigration Service has placed an embargo on capturing and issuance of passports to applicants from today May 18th till the end of May 2021.
The Comptroller General of Immigration, Muhammed Babandede made the announcement on Tuesday during a press briefing in Abuja.
He said the decision is to enable the service to clear its backlog, noting that it will no longer collect fresh applications until the backlogs are cleared.
This means that all passports in control offices are closed for applicants from today till May 31st and payments for passports will be online when the portal is opened which will be June.
The Minister of Interior, Rauf Aregbesola had earlier given a six weeks timeline for passport collection.
He said this will be six weeks which is meant to allow for enough time to investigate, verify and validate personal information supplied by the applicants.
“What we are driving at is the peace of mind that comes from the assurance of certainty. If there are circumstances that will make the date to change, it will be communicated to the applicant one week before the collection date”.
He noted that applicants will have no basis for further communication with officers, other than to complete their application process and leave the venue. The date for the collection of their passports or any challenge to the application will be communicated to them.
“The technology for the efficient running of this system has been acquired and will be deployed.
“We are publishing on our website the list of the backlog of passports that are ready which are yet to be collected by the owners. They will be required to go to the state commands to collect them.
“With these changes, it is my firm belief that we will arrive at a new dawn in passport application processing”, the minister added.
Below is the breakdown of the current backlog
Local: 71, 644
Foreign : 17,906
NLC President Dares El-Rufai, Leads Protesters to Kaduna Govt House
The President of the Nigeria Labour Congress (NLC), Comrade Ayuba Wabba, is currently leading union members to the Kaduna State Government House.
This is after Governor Nasir El-Rufai declared the labour leader and others wanted for “economic sabotage” and attack on public infrastructure.
Large crowd, led by Wabba, is marching through Waff road in Kaduna and heading towards the government house.
Gov Obiano Imposes Curfew on 2 Warring Anambra Communities
Gov. Willie Obiano has imposed a 7am to 6am curfew on Omor and Anaku communities in Ayamelum Local Government Area of the state.
This is contained in a statement issued by Prof. Solo Chukwulobelu, Secretary to the State Government.
The state government said the curfew is untill further notice.
”The curfew begins on Monday. Residents of the two communities should obey the order as security personnel are on strict orders to enforce the curfew directives.
”The government has lifted the curfew imposed on Igbariam, Aguleri, Umueri, Nteje, Awkuzu and Umunya communities on April 26, following the return of normalcy in the areas,” the government said.
It was reported that on Sunday, a violent clash broke out between residents of Anaku and Omor Communities.
The police says three persons have been confirmed dead in a clash between Omor and Anaku communities in Anyamelum Local Government Area of the state.
DSP Tochukwu Ikenga, Police Public Relations Officer in Anambra, told NAN in Awka on Sunday that normalcy has since been restored in the area.
Ikenga said that Mr Chris Owolabi, Commissioner of Police in the state, personally led a team of operatives to quell the crisis between the neighbouring communities.He said that the command is still gathering information on the extent of damage while assuring that efforts were on to avoid deterioration of the situation and ensure lasting peace.
“Normalcy has been restored in the area and our men are still on ground to ensure safety of life and property. So far, we have recovered three bodies which have been deposited at the morgue.
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