By our reporter| Human rights lawyer and Senior Advocate of Nigeria, Femi Falana on Sunday 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.
Some soldiers attached to the army’s 93 battalion Ibbi-Takum road, Taraba, lead by Captain Tijani Balarabe, in August 2019, had attacked policemen who had come from Abuja to arrest Wadume, a suspected notorious kidnapper.
Three policemen and two civilians lost their lives in the attack while Wadume was allowed to escape.
But Abubakar Malami, attorney-general of the federation (AGF), whose office took over the case defended the delay in the trial of the soldiers in a regular court, stating they were still being court-martialed in line with the rules of the military.
But in a statement on Sunday, said 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.
According to the senior lawyer, 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,” Falana said.
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