Don't Use Army To Kill Pro-Biafra Agitators—HURIWA Warns Buhari

Worried by the possible negative actions that may be carried out by armed military and police operatives against hundreds- of -thousands of peaceful pro- Biafra protesters following the recent warning by both the military and police authorities in Abuja at the Weekend, President Muhammadu Buhari has been advised to stop any genocidal killings of civilian protesters in the South East or risks indictment for war crimes at the International Criminal Court in The Hague Netherlands for prosecution over crimes against humanity.

Reiterating it's readiness to compile and send evidence of war crime to the global crimes court should the military and police make good their inhumane and violent threats to deploy lethal weapons against totally unarmed street protesters, the Rights group- HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA ) jointly endorsed by the National Coordinator Comrade Emmanuel Onwubiko and the National Media affairs Director Miss Zainab Yusuf, regretted that the Nigerian military authority and the hierarchy of the Nigeria Police Force are still living in the past when brute force was the only law enforcement mechanisms as were practiced with crass impunity during the military dictatorships that have now been consigned to the dustbins of history.

HURIWA also cautioned the military to use only constitutional and Rights -based approach in conducting internal military operations and under no circumstances are they allowed to fire any shots with LIVE BULLETS at protesters whether they are clamouring for self rule or otherwise.

HURIWA argued that the clamour for self government by citizens is permissible under all international humanitarian laws, just as the Rights group stressed and urged President Muhammadu Buhari to look for democratic and constructive means to bring about truce in the South East of Nigeria and indeed President Muhammadu Buhari must release forthwith Mr Nnamdi Kanu from the underground cells of the Department for State Security in compliance with a binding court order as he is currently a prisoner of Conscience.

HURIWA said the operation of the so -called pirate Radio Biafra from the European continent by the Independent Peoples of Biafra led by the detained Mr Nnamdi Kanu does not constitute any valid offence in Nigeria to warrant his state sponsored kidnap and detention under inhumane conditions. HURIWA said Nnamdi Kanu is a political Prisoner and must be released unconditionally.

In the media statement titled; "ILLEGALITY OF THE USE OF FIREARMS ON DEMONSTRATORS BY SOLDIERS" HURIWA stated as follows:

"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 FoR THE FUNDAMENTAL FREEDOMS. PEACEFUL AGITATIONS FOR SELF GOVERNMENT Are LEGITIMATE AND CONSTITUTIONAL AND GOVERNMENT CAN SET A MACHINERY IN PLACE TO CANVASS SUPERIOR ARGUMENTS AGAINST DIVISION OF NIGERIA But ALL PARTIES MUST BE INVOLVED IN A PEACEFUL, CONSTRUCTIVE AND DEMOCRATIC Process of this dispute resolution".