Human rights lawyer, Mr Femi Falana (SAN), on Monday demanded that the Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami (SAN), ensure the arrest and prosecution of 10 soldiers accused of killing three policemen and two civilians to set free an alleged Taraba State kidnap kingpin, Bala Hamisu (Wadume), from police custody.
This is contained in a letter dated June 15, 2020, which Falana signed and sent to Malami on Monday on behalf of the family of one of the slain policemen, Inspector Mark Ediale.
The Inspector-General of Police, Mohammed Adamu, had in February this year, slammed 16 counts bordering on terrorism, murder, kidnapping and illegal arms running against Wadume, eight other alleged accomplices, two police officers and the 10 soldiers led by Captain Tijjani Balarabe, who on August 6, 2019, allegedly killed the policemen who took Wadume in custody.
Malami, on June 8, 2020, inexplicably removed the names of the soldiers from the charges within days of taking over the case from the police.null
But Falana, in his letter sent to Malami on Monday, demanded “immediate arrest and prosecution of 10 soldiers who killed three policemen and two civilians in Taraba State on August 6, 2019.”
He threatened to take “appropriate action” should the minister fail to grant the request within seven days.
“Take notice that if you fail to accede to our request within seven days of the receipt of this letter we shall not hesitate to take appropriate action under the law in order to ensure the slain police officers and civilians do not die in vain,” the letter read in part.
In his Monday’s letter, Falana maintained that the removal of the soldiers’ names from the charges by the minister violated section 174 of the Constitution which gives the AGF the power to only take over cases in public interest.
The senior lawyer recalled that Justice Binta Nyako of the Federal High Court in Abuja had on March 16, 2020 issued an order compelling the Chief of Army Staff, Tukur Buratai, to produce the indicted soldiers in court.
He added that instead of using his position as the chief law officer of the federation to ensure compliance with the court order as stipulated in section 287 of the Constitution, Malami took over the case from the police prosecutor, amended the charge and withdrew the case against the 10 soldiers.
The letter read in part, “In view of the gravity of the 16-count charge of terrorism, murder and kidnapping pending in court against the 20 suspects, you will agree with us that the withdrawal of the case against the alleged 10 killer-soldiers is not in consonance with section 174 of the Constitution which provides for the takeover and withdrawal of pending criminal case ‘in the public interest, the interest of justice and the need to prevent abuse of legal process’.
Stemming from the foregoing, we hereby request immediate compliance with the valid and subsisting order of the Federal High Court, Abuja Judicial Division by ensuring that the suspects who are at large are produced by the Chief of Army Staff or whoever has their custody so that they can be arraigned and tried in accordance with the law.”
The 10 soldiers attached to the 93 Battalion in Takum, Taraba State, allegedly helped Bala Hamisu, also known as Wadume, to escape from the policemen taking him to Jalingo, the Taraba State capital, after he was arrested in the Ibi area of the state, on August 6, 2019.
The troops led by Captain Tijjani Balarabe allegedly killed three policemen and two civilians, while five other police officers were injured, during the soldiers’ attack.
Those killed in the attack included Inspector Mark Ediale, 36, Sgt. Dahiru Musa, 40, Owolabi Babajide, 24, Farouk Bashir, 30, and Usman Danazumi, 44.
Falana noted that that the soldiers “forcefully freed the suspect and embarked on the gruesome murder of three policemen and two civilians in cold blood” while “five other policemen sustained life-threatening injuries during the attack.”
He added, “Notwithstanding the abortive attempt to cover up the dastardly act of the alleged killer-soldiers by the authorities of the Nigerian Army, the Nigeria Police Force investigated the case.
“However, the alleged kidnap kingpin was rearrested by the police.
“In the course of his investigation, the suspect gave details of the criminal activities perpetrated by him with the connivance of a number of soldiers and policemen.”
