Human rights lawyer, Femi Falana, on Monday, expressed strong condemnation for the tragic killing of 16 military personnel in Okuama community, located in the Ughelli South Local Government Area of Delta State last week, amidst a rescue operation.
However, the Senior Advocate of Nigeria (SAN) criticized the alleged burning of the village by the military, which he described as a reprisal action.
Falana, appearing as a guest on Channels Television’s Sunrise Daily program, expressed empathy for the families of the slain soldiers. He noted that the military authorities could have taken measures to prevent a reprisal, given the nation’s past experiences in places like Zaki Biam, Gbaramatu, and elsewhere.
The slain military personnel had responded to a distress call following a communal conflict between the Okuama and Okoloba communities, both located in Delta State, before they were killed on Thursday, March 14, 2024.
The decapitated bodies of the murdered soldiers were subsequently found in a nearby river, while some had their stomachs and hearts torn out.
President Bola Tinubu, the Senate, Governor Sheriff Oborevwori of the host state, and various civil society organizations have denounced the horrific killing of the soldiers, urging for the apprehension and trial of those responsible.
However, during the weekend, enraged soldiers patrolling the waterways reportedly set fire to the village in retaliation for their fallen comrades, prompting residents of the coastal community to flee to neighboring Ughelli for safety.
Avoidable Reprisal
Falana said the reprisal was avoidable if the military commands and the Federal Government had cautioned soldiers early enough not to embark on any act of retaliation and gave them assurances that justice would be served immediately.
“On the night of the 16th (of January), angry soldiers stormed Okuama village and set it on fire. For me, it is unavoidable,” Falana said. “You can’t blame soldiers alone because there is a general notion in the society because of loss in the judicial system, everybody embrace mob justice.”
“Even the statement of the President yesterday (Sunday). We are in a democratic system of government. The President cannot order military authorities to fish out civilians involved ina heinous crime. That is the duty of the police,” the senior lawyer stated.
Falana said those arrested should be handed over to the police and arraigned immediately as this action would have doused tension in the coastal village.
He faulted the idea collective punishment, saying that it contravened the Geneva Convention and other international laws which Nigeria is a signatory to.
“There are innocent people in Okuama who are as angry as the government in ensuring that the criminal elements are brought to justice but when you go and set their houses on fire and attack innocent people, you have offended domestic laws because it is right in our country that there is no vicarious liability in criminality.
“Nigeria domesticated the Geneva Convention in 1960 and under Article 33 of the the Geneva Convention, collective punishment is prohibited. Innocent people cannot be attacked, even in a war situation,” he said.