The Chief of Army Staff, Lt. Gen. Tukur Buratai has alleged that some of the suits instituted against the Nigerian Army were meant to distract it from carrying out its constitutional role of defending the
territorial integrity of the country.
Buratai said this yesterday in Abuja at opening of a two-day 2018
“Nigerian Army Law seminar” organised in collaboration with the
National Judicial Institute (NJI) with the theme of the seminar: “The place of the law in counter terrorism and counter insurgency
operations in Nigeria.”
Represented by Maj.-Gen. Rasheed Yusuf, the Chief of Policy and Plans, the army chief urged judges to “consider the aspect of national
interest, while adjudicating over this type of cases.”
Buratai noted that the fight against terrorism and insurgency,
especially in the North East, had pre-occupied the minds of the many Nigerians, and had been the concern of the international community, but assured that the army would adhere to the provisions of the constitution in dealing with the menace.
He said the army had ensured that the fundamental human rights of
citizens were adequately protected in all exercises and operations.
Buratai said: “Since my assumption of office since 2015, I and my
Principal Staff Officers have been monitoring issues on allegation of
human right abuses against troops deploy for operations across the
country in line with the President and Commander-In-Chief of the armed forces’ mandate to the Nigerian armed forces in the fight against terrorism.’’
“So far, we have been able to address petitions and other different
kind of claims against the Nigerian army through the establishment of Human Right Desk offices in the army headquarters and across the Nigerian army Divisions.
“The human right desk has special hotline for citizens, who have
genuine claims, complaints and petitions to make against the Nigerian army in order to report natural disasters or to report any act of terrorism, among others.
“The Nigerian army has also ensured that all cases pending in civil
court against it are either assigned to competent registered Nigerian
army external advocates or military lawyers in the Directorate of
Legal services.
“Court Martial cases or trials in the field are also given
professional attention by deploying legal officers, who are not only
trained military personnel, but legal practitioners.
“The Nigerian army as an institution is guided by appropriate legal
advice in sustaining its flexibility in the conduct of its operations
and this has been adequately acknowledged within the nation and the comity of other nations.
“Adherence to the rule of law is consistent with my vision which is to
have a “professionally responsive Nigerian Army in the discharge of
its constitutional roles.’’
The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, who was represented by Justice Kudirat Kekere-Ekun, a justice of the Supreme Court, noted that terrorism and counter terrorism had been a major security threat globally.
Onnoghen, however, said that in spite of this, the place of the rule
of law in a society could not be overemphasised.
“In a democratic system of government, it is the rule of law that
dictates the pace at which human beings interact among
themselves.Therefore, respect for fundamental human rights of citizens is sacrosanct,” he said.
He stressed the need for members of the armed forces to obey the rule of law in their operations.
“This is because the business of bearing arms or defending the nation involves life and death for both regular forces and citizens.
“There have been allegations and cases of human rights abuse against the military in its efforts to stamp out terrorism and insurgency in Nigeria.
“It is therefore, my strong belief that this seminar will touch on
those issue. outlook in the past…Although the military justice
system which is basically rooted on regimentation has been condemned by human rights activists in the past, I am of the opinion that there have been tremendous improvements as regards the military observing rule of law in its operations in line with global best practices.’’
