– Kunle Edun, SAN

The Chief of Defence Staff, General Christopher Musa has been asked to provide information regarding the circumstances surrounding the reported death of two community leaders from Okuama community in Ughelli South local Government of Delta State, 81 years old pa Dennies Okugbaye and Pa James Oghoroko. Pa Dennis Okugbaye was said to have died on the 10th of December, 2024 while being transported by road from Abuja to Asaba after being in the custody of the Nigerian Army since August, 2024 without being charged to Court or formally remanded.

The Nigerian military is subordinate to the Nigerian Constitution and must comply with the laws of the country, particularly the provisions of Chapter 4 of the Constitution guaranteeing the fundamental Rights of Nigerians. The elderly community leaders were detained, their personal liberties, dignity and communications with their counsel denied for no justifiable reason.

The Nigerian military is not the body allowed by law to arrest, investigate and prosecute civilians for crimes allegedly committed. This is the responsibility of the Nigerian Police and not the military but has unfortunately led to the death of two elderly Nigerians in their custody. The life of every Nigerian matters and cannot be taken except as provided by the law.

It would be helpful if the Chief of Defence Staff and the military High Command tell Nigerians how these persons died while in their custody because they were healthy before their arrest by the Nigerian Army. While the duty of the military to defend the territorial integrity of Nigeria and be engaged to quel emergency security situations are appreciated and encouraged but the performance of these responsibilities must be in strict accordance with the civil laws of the country and must not extend to the arrest and detention of civilians who are not subject to military laws. This is an infraction of their fundamental rights and i urge the military High Command to do the right thing to address these infractions.