*It’s Illegal For Army To Declare Suspects Wanted, Falana Warns
THE Nigerian Army has declared eight persons wanted in connection with the killing 17 of its officers and soldiers in Okuama community in Delta state.
The Army, in a post on its official X account, on Thursday, March 28, listed the wanted persons as Akevwru Daniel Omotegbono (aka Amagbein); Prof. Ekpekpo Arthur; Andaowei Dennis Bakriki; Igoli Ebi (female); Akata Malawa David; Sinclear Oliki; Clement Ikolo Oghenerukevwe and Reuben Baru.
Ikolo (Urhukpe 1) is the newly-installed Ovie (traditional ruler) of Ewu-Urhobo Kingdom in Ughelli South Local Council. Okuama is one of the many communities under the Ewu-Urhobo Kingdom.
Ekpekpo is the President General of Ewu communities and a renowned university lecturer. David and Oliki are suspected to be part of the Amagbein gang.
Ebi is said to be mother of one of those declared wanted, while Baru, in a viral video shortly after the murder, had tried to justify his participation in and reason for the heinous act.
The Army admitted knowledge of the viral video, saying: “The video, among other things, helps to narrow investigation to persons of interest and their cohorts.
“Accordingly, the state governments and host communities of these personalities are required to assist investigation in flushing out these culprits.
“There can be no hiding place for perpetrators of such dastardly act against the nation. This is a clarion call to duty by members of those communities and the state governments.”
But human rights lawyer, Mr. Femi Falana (SAN), in his reaction, said the Army lacks the power and authority to declare the suspects wanted.
He stated: “The decision of the Defence headquarters to declare the murder suspects wanted is completely illegal. Let the Federal Government direct the Defence headquarters to hand over the investigation of the suspects involved in the gruesome murder of the 17 officers and soldiers.
“It ought to be pointed out that murder is not a military offence to warrant investigation by the Defence headquarters. If the Federal Government fails to call the Defence headquarters to order, the case concerning the tragic murder of the soldiers will be completely bungled.”
The senior lawyer warned the military not to bungle the case of the slain soldiers, noting: “The authorities of the armed forces should be made to realise that the military cannot arrest, detain, investigate and charge civilian suspects with any offence whatsoever.
“In Dr. Issa Perry Brimah v Nigerian Army, Justice Ijeoma Ojukwu held that ‘it must be stated here without equivocation that the defendant [Nigerian Army] has no right to declare the plaintiff wanted without following the appropriate procedure.’
“The Judge further said that the defendant cannot arrest the plaintiff arbitrarily without making a formal report to 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.
“In Miss Grace Anita Paul v. the Chief of Army Staff, the Army, Inspector General of Police and Nigerian Police Force, the Federal High Court held that the Nigerian Army lacks the power to arrest, investigate and hold in custody, anyone who is not subject to the Armed Forces Act or any other military law.
“Justice Taiwo Taiwo, on Wednesday, warned the military not to usurp the powers of the Nigerian Police under Sections 4 and 84 of the Police Act, which empowers the Police to detect and investigate crime.
“We have also read that the eight people alleged to be involved in the cruel murder of the soldiers have been declared wanted by the Defence headquarters. It is trite law that the Police and security agencies lack the power to declare any suspect wanted without a court order.
“In Benedict Peters v Economic and Financial Crimes Commission (EFCC), a High Court in Abuja ruled that the EFCC lacks the powers to declare anyone wanted without obtaining a court order or charging the suspect with an offence.
“The presiding Judge, Justice Othman Musa, ruled that though the EFCC could declare as wanted, persons who fail to honour its invitation for investigation, only if it obtains a court order for that purpose.
“So, the decision of the Defence headquarters to declare the murder suspects wanted is completely illegal.”
The suspected mastermind of the bloodbath, a militant leader, Omotegbono (aka Amagbein), and his gang members, who are currently on the run, reportedly have their operational base at Igbomotoru, a riverside community in the Southern-Ijaw Local Council of Bayelsa State.
His father is said to hail from Okuama, while his mother is from Igbomotoru, from where he majorly operates.
Omotegbono, said to engage in oil bunkering and other illegal businesses, became so powerful at a point that he was able to dislodge another powerful ex-militant, popularly known as General Ogombos, from his base and took over.
So powerful was he that he was able to banish the traditional ruler, a retired military officer, who refused to do his bidding, from the kingdom, Igbomotoru, using his gang members.
The embattled monarch’s letters to state and federal governments, lamenting his ordeal did not get the required attention, and his warning of impending danger if the ex-militant was not reined in was unheeded.
Both ex-militant were allegedly patronised at various time during the governorship and other election by the two major political parties in Bayelsa State, for which they and their relations were handsomely rewarded.
The Army, in search of the fleeing suspects, has spread its dragnet far as the entire Niger Delta region, combing the creeks.
The remains of the gallant soldiers were buried on Wednesday, march 27 at the Military Cemetery in Abuja, with full military and national honours conferred on them.
President Bola Tinubu and the Chief of the Defence Staff (CDS), Gen. Christopher Gwabin Musa, have given troops marching orders to track down the killers.
Musa said: “We know who did it, we are following up on him, and it is just a matter of time. We are sure we are going to get him. They took away our arms, we must get those arms back, and we must get these guys, so that they would be prosecuted accordingly.”
