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By Pleasure Onohwakpo
The Warri branch of the Nigerian Bar Association, NBA, has strongly condemned the killing of seventeen officers and men of the Nigerian Army in Opuama Community in Ughelli South Local Government Area of Delta State on March 17, 2024.
The position of the NBA which was made known during a World Press Conference in Warri yesterday, Saturday April 13, 2024, to herald the Association’s Annual Law Week, which was addressed by the branch chairman, Chief Oghenero Okoro.
While supporting the idea of a thorough process of investigation to fish out the perpetrators and bring them to justice, the association noted that it was illegal to blockade the Opuama Community, by the military, adding that since the Chief of Defence Staff has confirmed the Army knows the perpetrators, it was wrong to lockdown the entire community and displace the hapless villagers who now take refuge in the forest. According to the association’s chairman, you cannot fight one illegality with another illegality.
The NBA also condemned in strong terms, the setting up of a Military Panel of Enquiry, stating the panel is unconstitutional since the country is not operating a military government.
The association argued that there was no way such military panel could deliver justice at the end of the day when it even did not invite lawyers to observe its proceedings.
“First, killing of our security officers is highly condemnable; security men all over the world risk their lives to make sure we are safe; So, anybody lifting his hands not only to harm them, but killing 17 officers and men of the Nigerian Army is highly condemnable as a branch and we call on those involved that no stone is left unturned in bringing those involved to justice.
“But in doing that, they must act within the ambit of the law. You don’t fight one illegality with another illegality. Like we have heard that the Army has formed a blockade on the way to Okuama, that is highly condemnable. You don’t lockdown a whole community because you are looking for some perpetrators. And we know that those perpetrators will no longer be there.
“The CDS said that the Army knows those that did it. And if you know those that did it, then why lockdown an entire community and displace them from their own homes? For us as a branch, we condemn that and we ask the Army to immediately lift that blockade in Okuama community and let them go back to live their lives.
“The Nigerian State should not in anyway consciously or unconsciously displace any citizen. We saw pictures of people living in the forest. We condemn that. And I think the government should have the milk of humanity in them to lift that block and allow them go back while they continue to fish out the perpetrators.
“Then two, another sad scenario we hear is that the Army has declared some people wanted and from what we hear, those they declared wanted are leaders of the community. For example, you declared the traditional ruler wanted, you declared the President-General wanted, you declared others wanted. We don’t know why, but we want to believe they have their intelligence.
“But sadly, you declared the traditional ruler wanted. And the man, knowing very well what the law says, handed himself over to the Police which has the constitutional responsibility to investigate the commission crime, the Delta State Commissioner of Police, handed over that man to the military. That is very wrong, it is unlawful, it is illegal and we condemn it. We hereby call on the Army to hand over the man back to the Commissioner of Police that has the power to investigate the commission of crime.
“What happened here is the killing of officers. Murder is a crime. These people are not subjected to military laws. So, the branch Condemns it and we say it is wrong.
“And that takes us to the Panel of Enquiry by the army. Nigeria is not a military State. Nigeria operates under a constitution. And what we operate now is the 1999 constitution as amended. And it provides for ways and means for doing these things. So, for the Army to set up Panel of Enquiry, to us, is sad. However, what their intention is, we don’t know”, Chief Okoro said.
The chairman further expressed doubt on the capacity of the Military Panel of Enquiry to deliver justice in accordance with the rule of law and natural justice, saying that it cannot be free and fair without inviting lawyers to observe their proceedings.
“This is the branch of NBA covering the whole of this area. The military knows that, but they did not invite us. What can be fairer than inviting NBA to observe what you are doing? But they fail to invite the NBA to observe whether it meets the rule of natural justice.
“I do not blame those who say they will not appear before the panel because we don’t think that it is a military panel of enquiry that should handle that matter. If it is a Judicial Panel of Enquiry, it should have been better. It would have been instituted by the State to find out the root causes of the crisis and to avoid future occurrences. Whatever they are doing there may not be free and may not likely to be fair, because if it is going to free and fair they should have extended invitation to the NBA to observe their proceedings.
“If they are serious then they should let us know what they are doing so that we can speak to the people because we are like the voice of the people”, he said.
On the significance of the ongoing Annual NBA Law Week, the chairman of the branch, Chief Oghenero Okoro who was flanked by his exco members and the chairman of the event planning committee, Chief Emmanuel Uti, noted that the event was for lawyers to refresh and update in the practice of their profession as well as acclimatize stakeholders and communities in the Niger Delta with the dynamism of their relationship with oil operators as contained in the new Petroleum Industry Act, PIA.
Chief Okoro also emphasized the importance of the annual event as an avenue to enlighten lawyers on the need to care for their health.
“The Essence of our law week is to retool, retrain, school and upgrade ourselves
“For our people to know how the multinational and our communities relate under the new Petroleum Industry Act in the Niger Delta for the not to be cheated and loss out in the scheme of things.
“So, we dedicate a session to interrogate the PIA and we encourage people to attend that session which takes place on Tues and Wednesday. Communities and stakeholders should attend that session so that you don’t just shout you want to shut down an oil rig, you must know the rules of engagement between the communities and the oil operators. And the only way to do that is to know the laws that regulate it.
“We equally have a session dedicated to our health amongst others. Venue is RCCG Hall, Chevron Road”, he explained.
Expected at the one week event which holds at the RCCG Hall along Chevron Road, are the governor, H.E. Sheriff Oborevwori, Speaker of DTHA, Rt. Hon. Dennis Momotinmi Guwor, who would be Special Guest of Honour, Chief Judge of the State is the Guest of Honour, amongst other dignitaries.
The Theme of this years Law Week, our correspondent gathered is: ‘Emerging Trend In The Legal Profession And the Administration of Justice: Challenges And Prospects’
