A human rights group, International Society for
Civil Liberties and the Rule of Law(Intersociety), on Sunday said the Army probe
panel constituted by the Chief of Army Staff, Lieutenant General Tukur Buratai,
to dig into unwholesome practices of soldiers of the Nigerian army during the
just concluded 2019 general election is dead on arrival.
The group in a statement signed by its Board of Trustees
(BoT), Chairman, Mr. Emeka Umeagbalasi, said the panel’s integrity is
challenged because the army cannot be a judge in its own case.
According the group, “We can boldly and irrefutably
tell all Nigerians and members of the international community, inclusive of United
Nations, ICC, western democracy and international rights groups and research
bodies that the recently constituted Nigerian army probe panel to probe the
gross misconducts of the army personnel during the 2019 polls is not only
integrity and credibility challenged but also dead on arrival and designed to
end in nothingness.”
The group said it is dead on arrival because the
probe panel would end up producing nothing except self-exoneration as was in
the case in the immediate past army probe panels or boards of enquiry.
“It is credibility and integrity challenged because
the army probe panel fundamentally lacks independence as it is constituted
outside the confines or the hallowed natural law principles of Nemo judex in
causa sua (or nemo judex in sua causa)-that no one should be a judge in his own
case and Audi alteram partem-fair hearing or let the other side justly be heard
as well.
“It is well documented that the Nigerian army under
Buratai has earned notoriety in recent times by ‘being a judge in its own case,’
thereby fueling impunity among its personnel and making them chronic
repeat-offenders and outlaws,” the group said.
The army on March 15, 2019, inaugurated a panel
with Major General TA Gagariga as its head, to look into allegations of
misconduct by its men during the 2019 general election, and given March 31 to round
off and submit the report.
But the Intersociety said apart from the fact that
the army probe panel is dead on arrival and fundamentally lacks independence,
credibility and integrity, the panel is also nothing short of cover up and
self-exonerative arrangement designed at shielding the army and its personnel
from “regional and international condemnation, damnation and reparative and
criminal justice accountability.”
The group said Nigerians have not forgotten the
outcomes of the immediate past military panels, including Army/NHRC panel on
Shiite massacre of 2016, the Army board of enquiry into human rights abuses
including killing of pro Biafra activists of 2017 and the federal government judicial
panel of enquiry into army rights abuses of 2017.
“In these panels, the outcomes were utterly self-exonerative
leading to shielding of the perpetrators to the extent that till date, no
single army officer or soldier has been fished out, tried and convicted over
the genocidal atrocities above mentioned. In all the named military kangaroo
enquiries, moles within the rights community were recruited and used, leading
to recent appointment of one of them to the top position at the NHRC,” the
group alleged.
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