Yusuf Bello | The Minister of Justice and Attorney General of the Federation, Abubakar Malami, on Wednesday denied shielding from trial, the 10 soldiers who allegedly killed three policemen in Taraba State last year, while rescuing suspected kidnap kingpin, Wadume from the police team.
Malami who made the disclosure while giving an update at the virtual Federal Executive Council meeting presided over by President Muhammadu Buhari, explained that contrary to the claims, the ministry is trying to ensure proper military processes are followed where the soldiers are either court-martialed internally or handed over to the courts for trial.
The AGF spoke with state house reporters shortly after the meeting.
He said, “On Wadume’s case, I will like you to note for the record that it’s the office of the attorney-general of the federation that is constitutionally established to consider an interest of justice, public interest and ensure the absence of abuse in the judicial process,” he said.
“Within the context of public interest and the interest of justice, what we consider by way of fair hearing is that people that are charged to court are entitled to fair hearing, judicially determined within a reasonable time. Then where people are charged multiple times on account of one reason or the other, they cannot collectively be brought before the court for arraignment on account that others are at large. Those that are available are entitled to have their case determined within a reasonable time.
“Now, coming to the issue of the soldiers, it is important for you to note that within the context of the Nigerian law, there are certain provisions that are exclusive to the military within the context of law on court martial and then the internal discipline associated with the military. The soldiers can now be charged before court martial and then for the military to release their personnel for prosecution, ordinary there are in-house processes and procedures that are to be consummated. So those that are handy for the purpose of prosecution cannot be held in custody for unduly longer period of time on the account or the absence of the military.
“So that is how the idea of severing the charge to allow those that are handy to stand their trial arose. That does not mean that by any means that the military are shielded and cannot be prosecuted. But if they have to be prosecuted, they have to be prosecuted within the context of the law. What is the law here? They are military personnel, first, they are to go through the in-house processes.
“Those that are handy, for the purpose of prosecution, cannot just be held in custody for undue longer periods of time on account of the absence of the military.
“So, that is how the idea of severing the charge to allow those that are handy to stand their trial, arises.
“But that does not by any means, mean to say that the military are shielded, the military cannot be prosecuted. But then, if they have to be prosecuted, they have to be prosecuted within the context of the law.”
It will be recalled that some soldiers attached to 93 battalion Ibbi-Takum road, led by Tijjani Balarabe, a captain with the Nigerian army, in August last year, attacked some policemen who arrested Wadume, the suspected notorious kidnap kingpin.
Three policemen and two civilians were killed during the incident, while Wadume was set free but after his rearrest, Wadume confessed that some officers of the Nigerian Army assisted him to escape following his initial arrest.
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