Human rights lawyer, Mr Femi Falana (SAN), on Monday demanded that the Attorney-General of the Federation and Minister of Justice, Mr Abubakar Malami (SAN), ensure the arrest and prosecution of 10 soldiers accused of killing three policemen and two civilians to set free an alleged Taraba State kidnap kingpin, Bala Hamisu (Wadume), from police custody.
This is contained in a letter dated June 15, 2020, which Falana signed and sent to Malami on Monday on behalf of the family of one of the slain policemen, Inspector Mark Ediale.
The Inspector-General of Police, Mohammed Adamu, had in February this year, slammed 16 counts bordering on terrorism, murder, kidnapping and illegal arms running against Wadume, eight other alleged accomplices, two police officers and the 10 soldiers led by Captain Tijjani Balarabe, who on August 6, 2019, allegedly killed the policemen who took Wadume in custody.
Malami, on June 8, 2020, inexplicably removed the names of the soldiers from the charges within days of taking over the case from the police.
But Falana, in his letter sent to Malami on Monday, demanded “immediate arrest and prosecution of 10 soldiers who killed three policemen and two civilians in Taraba State on August 6, 2019.”
He threatened to take “appropriate action” should the minister fail to grant the request within seven days.
“Take notice that if you fail to accede to our request within seven days of the receipt of this letter we shall not hesitate to take appropriate action under the law in order to ensure the slain police officers and civilians do not die in vain,” the letter read in part.
In his Monday’s letter, Falana maintained that the removal of the soldiers’ names from the charges by the minister violated section 174 of the Constitution which gives the AGF the power to only take over cases in public interest.
The senior lawyer recalled that Justice Binta Nyako of the Federal High Court in Abuja had on March 16, 2020 issued an order compelling the Chief of Army Staff, Tukur Buratai, to produce the indicted soldiers in court.
He added that instead of using his position as the chief law officer of the federation to ensure compliance with the court order as stipulated in section 287 of the Constitution, Malami took over the case from the police prosecutor, amended the charge and withdrew the case against the 10 soldiers.
Source: Punch

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