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Senior Advocate of Nigeria said the power to declare civilians 'wanted'
rests with the Nigeria Police Force and the State Security Service.
Femi Falana (SAN)
In an official statement released on Monday, popular Lagos-based
human rights lawyer, Femi Falana (SAN), has criticised the decision by
the Nigerian military to declare three persons 'wanted' in connection with the war against Boko Haram insurgency.
The Senior Advocate of Nigeria, added that the power to declare civilians ‘wanted’ rests with the Nigeria Police Force and the State Security Service.
“Thus, by declaring the three persons wanted without any legal
authority the army has usurped the statutory powers of both the Police
and the SSS.
“In the process it has breached the fundamental rights of the
‘suspects’ to personal liberty, dignity of the person and fair hearing
guaranteed by the Constitution,” he said.
Recall that shortly after the Boko Haram sect released a video on August 14 showing the abducted Chibok girls, the army declared Ahmad Salkida,
a journalist; Aisha Wakil, a lawyer; and Ahmed Bolori, a social worker,
wanted, adding that the three persons have links with the sect as well
as the abducted girls.
According to Premium Times, Femi Falana said the army declaring the ‘suspects’ wanted “is ultra vires, illegal and unconstitutional in every material particular.”
“Realizing that we are under a constitutional democracy which
requires that the infringement of the rights of any citizen be justified
in law, the army has relied on the provisions of the country’s anti
terrorism legislation.
“Since the wanted persons are not serving military personnel
who are subject to service law they cannot be investigated or tried
under the Armed Forces Act Cap A20 LFN, 2004.
“Furthermore, under the Terrorism Prevention Act 2011 as
amended the army has not been authorized to perform any duty
whatsoever,” he said.
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