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.