Alleged Kidnapping: Femi Falana Asks AGF To Produce Indicted Soldiers For Trial

Falana Challenges Governors To Get Involved In Police Administration
(FILE PHOTO) Human Rights Lawyer, Femi Falana

 

 

A Human rights lawyer and Senior Advocate of Nigeria, Femi Falana has 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.

Falana made this call on Sunday via a statement he personally issued.

The legal practitioner noted 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.

He argued that 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.

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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,” the statement partly read.

SEE FULL STATEMENT HERE

A COURT-MARTIAL LACKS THE COMPETENCE TO TRY OFFENCES OF TERRORISM

The Attorney-General of the Federation and Minister of Justice, Mr. Abubakar Malami SAN was reported to have said that the soldiers indicted in the brutal murder of 3 policemen who arrested a suspected kidnap kingpin, Bala Hamisu (alias Wadume) could be tried by a court-martial. According to the Minister, “They are military personnel. First, they are to go through the in-house processes. There are two options – either to charge them before the court-martial which is a special court established by law for the trial of soldiers or in the alternative for the military after consummation of the in-house processes should consider handing them over for trial.”

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”.

Hence, the indicted soldiers were properly charged with terrorism along with other suspects in the only competent court in the land. However, since the military authorities did not release the suspects to the Police for the purpose of arraigning them in court the learned trial judge, the Honourable Justice Binta Nyako rightly ordered the Chief of Army Staff to produce them to answer to the heinous charge of terrorism and allied offences. Even though the Attorney- General withdrew the charges against the indicted soldiers the order that they be produced in court for arraignment has not been vacated or quashed either by the trial court or the Court of Appeal. Therefore, the Attorney-General is duty-bound by to ensure full and unconditional compliance with the valid and subsisting order of the federal high court in accordance with section 287 (3) of the Constitution.

Femi Falana SAN

Trial Of Wadume, Others Stalled In Abuja

A file photo of Hamisu Bala (Wadume).

 

 

The trial of suspected kidnap kingpin, Bala Hamisu, also known as Wadume, has stalled at the Federal High Court in Abuja.

In a ruling on Monday, Justice Binta Nyako explained that she cannot continue with the trial because the court was congested with several judgements to be delivered.

She, therefore, adjourned the case until Monday next week.

The court had on June 8 adjourned proceedings till today for commencement of trial after Wadume and the six others were arraigned on amended charges bordering on terrorism-related offences.

Mr Abubakar Malami, who is the Attorney-General of the Federation and Minister of Justice, filed the charges against the defendants.

He had taken over the case from the police, citing “bureaucracy” in bringing the soldiers charged alongside Wadume and others to court.

The defendants were accused of conspiring to commit acts of terrorism, by attacking and kidnapping one Usman Garba, at his filling station in Takum in Taraba State.

They were accused of being in possession of six AK-47 rifles and dealing in prohibited firearms.

The soldiers are being tried for killing some policemen and civilians at a checkpoint and freeing Wadume who was then in the custody of the policemen.