Human rights lawyer, Femi Falana, has criticised the decision by the Nigerian military to declare three persons ‘wanted’ in connection with the war against Boko Haram insurgency.
In a statement on Monday, Mr. Falana said the power to declare civilians ‘wanted’ rests with the Nigeria Police Force and the State Security Service.
“Thus, by declaring the three persons wanted without any legal authority the army has usurped the statutory powers of both the Police and the SSS,” said Mr. Falana, a Senior Advocate of Nigeria.
“In the process it has breached the fundamental rights of the ‘suspects’ to personal liberty, dignity of the person and fair hearing guaranteed by the Constitution.”

Shortly after the Boko Haram sect released a video on August 14 showing the abducted Chibok girls, the army declared Ahmad Salkida, a journalist; Aisha Wakil, a lawyer; and Ahmed Bolori, a social worker, wanted.
According to the army, the three persons have links with the sect as well as the abducted girls.
“There is no doubt that these individuals have links with Boko Haram terrorists and have contacts with them,” Sani Usman, the Acting Director, Army Public Relations, said in the statement declaring the three people wanted.
“They must therefore come forward and tell us where the group is keeping the Chibok Girls and other abducted persons to enable us rescue them.”

Mr. Usman, a colonel, added that the army relied “on the relevant laws of the land and in particular the Terrorism Prevention Act (as amended) where Nigerians could be punished for failure to disclose information about terrorists or terrorist activities.”
But Mr. Falana said the army declaring the ‘suspects’ wanted “is ultra vires, illegal and unconstitutional in every material particular.”
“Realizing that we are under a constitutional democracy which requires that the infringement of the rights of any citizen be justified in law, the army has relied on the provisions of the country’s anti terrorism legislation.

“Since the wanted persons are not serving military personnel who are subject to service law they cannot be investigated or tried under the Armed Forces Act Cap A20 LFN, 2004,” he said.
“Furthermore, under the Terrorism Prevention Act 2011 as amended the army has not been authorized to perform any duty whatsoever.”

sarrki:
Point of correction
Army are trained to kill
So when you ear that army declared one as wanted is as good as dead
Less I forget why didn't he say anything when the
military declared shekau wanted

sarrki:
Point of correction

Army are trained to kill

So when you ear that army declared one as wanted is as good as dead

Less I forget why didn't he say anything when the

military declared shekau wanted

BossDike:
I don't take this serious!

Anybody frm this stretch mark region is a definition of hypocrisy & cowardice including Awolowo who died a coward.

#execpt the Fayoses, FFKs, Aribisalas, & co

kenonze:
The end justify the means...


MR. falana, do u understand what is called territorial integrity?

Those men are menance to National security

mile12crises:
Wailing in top gear

I trust the Yorubas to be hypocrites

brainpower:
After more than two weeks you are now speaking out. I respect this man, cos for long he's been popular trying to fill the shoes of Gani. But our Nigerian politicians are very deadly and cunning and they know how to change a man.
At times his statements and actions makes me believe what people say that he's been bought over and only speaks if he doesn't get his payment.
What if they wanted to kill them, by now they would have been dead and you are just coming out to say this.
May God help us in this country.