Human rights lawyer, Femi Falana, has described the declaration of three persons wanted by the Nigerian Army, in connection with Boko Haram insurgency, as illegal.
Falana in a statement on Monday, said only the Nigeria Police Force and the Department of State Services has the power to declare civilians wanted.
The Army had, after a Boko Haram video which showed the missing Chibok girls, declared Ahmad Salkida, a journalist; Aisha Wakil, a lawyer; and Ahmed Bolori, a social worker, wanted.
According to the army, the three persons had links with the sect and knew a lot about the school girls who were abducted from Chibok in April, 2014.
“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.
“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,” Falana’s statement read in part.
It continued: “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.”
