STATEMENT IN REACTION TO THREATS BY THE NIGERIAN ARMY TO QUELL VIOLENTLY THE PEACEFUL PROTESTS BY CIVILIAN PRO BIAFRA AGITATORS
INTRODUCTION We are constrained by the circumstances of the emerging threats by the Nigerian military authority to use firearms to quell the peaceful protests by pro Biafra deminstrators and we are urging President Muhammadu Buhari to call the military high command to order to withdraw the threats and to desist from using violence to stop citizens from exercising their fundamental human rights to freedom of peaceful assembly and free speech.
By this appeal we are also sounding a note of warning to the Nigerian military that we are building up evidence of war crime for transmission to the International Criminal Court in The Hague Netherlands for prosecution over crimes against humanity should peaceful pro Biafra agitators be shot at by military and or police operatives.
Military involvement in internal security operations (ISOP) is inevitable as the need for higher level of aggression continually reveals itself but constitutionally they have mo right to deploy the use of firearms to disperse maim, or kill demonstrators who are unarmed and non - violent.
The recent occurrence of terrorism witnessed in the country has further justified the need for military participation in ISOPs but nothing in the law books criminalises peaceful protests. PEACEFUL PROTESTS AND AGITATIONS FOR SELF RULE IS LAWFUL AND PERMISSIBLE UNDER INTERNATIONAL LAW. NIGERIA IS NOT A BANANA REPUBLIC. Indeed peaceful protests are the necessary kernels for the sustenance of genuine and vibrant democracy because that is the best way to maximize people's participation in the governance of the Nigerian State. Government should use constructive and peaceful means of mediation to reach a truce with these agitators. FIRST AND FOREMOST THE NIGERIAN GOVERNMENT SHOULD RESPECT THE COURT BY RELEASING THE LEADER OF THE FREE PEOPLE OF BIAFRA (IPOB) AND THE DIRECTOR OF THE EUROPE BASED RADIO BIAFRA MR NNAMDI KANU. That is the main trigger for these street protests. GOVERNMENT IS IN BREACH OF THE LAW BY HOLDING A CITIZEN AS A HOSTAGE. GOVERNMENT SHOULD RELEASE NNAMDI KANU FROM UNDERGROUND DSS DUNGEON WITH IMMEDIATE EFFECT. .
This move to involve soldiers in internal security operations is not without challenges of its own as the military is not particularly trained for ISOPs (INTERNAL SECURITY OPERATIONS). UNLIKE the Civil Security authorities and as a result, consistently engage in acts which are not civil enough and illegal. Nigeria military is already indicted for war crime. It is a wonder why in the case of internal security operation is concerned. The problem of high handedness and insensitivity to the nature and characteristics of civilian dominated areas is always pointed out as a flaw.
A number of features are associated with the Nigerian Military engaged in internal security operations, most of which are negative and illegal.
The illegalities on the use of fire arms by soldiers.
1. The right to life- every human being has the inherent right to life. The right shall be promoted by law. No one shall be arbitrarily
2. deprived of his life. Art 6(1) ICCPR.( International Convention on Civil and Political Rights)
3. Also Article 51(5) (b) of the 1977 Additional Protocol 1 to Geneva Conventions prohibits attack, use of firearms, which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects or a combination thereof.
Recommendations: 1. It is necessary for there to be domestic legislation which regulates the operations. The Rules of Engagement of the military should be given a legal status and stop operating as mere guidelines and in this instance LET CIVILITY AND RESPECT FOR HUMAN RIGHTS BE THE MAIN THRUST OF ANY INTERNAL SECURITY OPERATIONS.
2. Soldiers should also be knowledgeable in conflict management.
Conclusion. The military will continually be involved in internal security operations notwithstanding the negative practices associated with their involvement but in this instance lethal weapons MUST NOT BE USED EVEN AS PEACEFUL DEMONSTRATORS SHOULD BE ALLOWED TO VENTILATE THEIR OPINIONS WITHOUT VIOLENTLY SEEKING TO RESTRAIN THEM..
The Constitution serves as the main domestic law safeguarding the rights of the citizens thereby indirectly regulating the conduct of military during operations.it is necessary therefore to regulate their operations during these periods through a domestic legislation specifically enacted for that purpose but by and large THE NIGERIAN CONSTITUTION IN CHAPTER FOUR PROVIDES FIR THE FUNDAMENTAL FREEDOMS. PEACEFUL AGITATIONS FOR SELF GOVERNMENT IS LEGITIMATE AND CONSTITUTIONAL AND GOVERNMENT CAN SET A MACHINERY IN PLACE TO CANVASS SUPERIOR ARGUMENTS AGAINST DIVISION OF NIGERIA NUT ALL PARTIES MUST BE INVOLVED IN A PEACEFUL, CONSTRUCTIVE AND DEMOCRATIC DIALOGUES.
*COMRADE EMMANUEL ONWUBIKO. NATIONAL COORDINATOR OF HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA).