Fathia Abiona
The various arms of security in the country—the military (army, navy, and air force), police, and intelligence gathering arm—have specific jurisdictions.
The Nigerian Police Force and the Civil Defence Corps maintain peace and order within the country. The Nigerian Military protects the borders and the nation from external aggression, while intelligence outfits like the Department of State Security Service handle intelligence investigations.
However, there has been continuous overreaching where military personnel dive into civilian matters, often resulting in unlawful actions.
This practice has been repeatedly condemned by the Nigerian Police. Proximity to power for many Nigerians has always been a thing of pride and has been used for various reasons.
For a society that has low trust currency in the judiciary and police systems, anything that can be used to get justice without resorting to the rightful justice system is most times welcomed.
Arinze, an Imo state resident, is one such person who has used armed personnel to resolve an issue that he felt could not be resolved without stress if he involved the police or the court.
He narrated that,“I ordered something from a vendor in Lagos and paid the delivery fee for it to be brought to my location in Enugu but it happened that when the person meant to deliver the product got into Enugu, he called me to pay an extra N15,000 before he sends my stuff. I refused and the man said he would not deliver it unless I paid. My goods stayed with this man for two whole weeks and I was helpless and didn’t know what to do initially. Then I reached out to a military officer and asked him to call the guy and put the fear of God in him. The next day the guy called me to tell me that he would be delivering my stuff. If I hadn’t taken that step, I’m sure I wouldn’t have gotten my stuff. So, sometimes, I don’t see anything bad in using them to set things right as long as they do not touch or beat up the person. “
He added that he also paid the military officer some money for the work he did. The economic incentives these personnel receive would also be another reason why they gladly accept to intervene in civilian matters where they know they are crossing their jurisdiction.
It is not uncommon that some Nigerians resort to inviting members of any of the military forces to get justice on their behalf and then settling them.
This, is most times, because the results are gotten faster rather than going through a legal process that could take months or the police where sometimes they could be asked to pay a certain amount if they wanted justice.
There have been several scenarios where some cases went unresolved because the victims couldn’t ‘mobilise’ the police officers with the amount of money quoted for them.
Despite the punishments that have been meted out to those found guilty of interfering and torturing civilians, there appears to be a lack of strict enforcement of boundaries between military and civilian jurisdictions has made it look like an unseemingly serious offence.
Experts describe the behaviour of military personnel interfering or intervening in civilian affairs as indiscipline and a breach of professional ethics.
Gyong, a professor at Ahmed Bello University, Zaria remarked with dismay that there are instances where the affected military force would protect its personnel in esprit de corps and this encourages such unlawful behaviours.
He described it as “illegality and rascality exhibited by some members of the armed forces.”
A professor of political science, Agagu Akinsola insisted that all citizens are equal. “You cannot say because you are privileged to carry a gun or belong to the military you use that as a reason to infringe on people’s lives. It is a complete and total infringement on the human rights of people because there are due processes to seek redress so I think those in authority must call this to order.”
Akinsola, a professor at Ekiti State University added that “it shows we are undisciplined in the nation. Civilians are not in any way inferior to the military and they are not subject to them. The rules are there on how to resolve issues in the society.”
The principal partner of Malachy Odo & Associates, Malachy Odo added that the use of military personnel to torture citizens is a violation of constitutional rights.“Everybody has a right from torture and imprisonment. So, when the military and police are used to intimidate and torture people, they are crossing the line. They are infringing on their fundamental human rights.”
Odo bemoaned that a lot of Nigerians do not know their rights including the Anti- torture Act which prevents those who are even lawfully arrested from being tortured as well.
Speaking on the matter of civilians involving armed personnel in civilian matters, he noted that it is unlawful for citizens to report a crime to the military as police duty is not meant for the military. “The military protects the integrity of the country from external aggression so why would two people quarrelling involve a military man? It has become a cultural thing because they know that the military has become a sort of boogeyman. They are under no one’s control so Nigerians trust they can get easy results from them. What the military personnel do when they are invited is that they remove their name tag so no one identifies them. They come, beat the person up, sometimes torture the person and sometimes they take the person away and put in their cell. That is very wrong and people do it and get away with it because there is nobody to hold these erring officers accountable. They have become personal tools of civilians who pay them peanuts. Either as personal favours or due to the past relationships they have with these officers.
Odo remarked that when a military officer unlawfully tortures a civilian, it is an infringement of such civilian’s constitutional right. “You should contact your lawyer and fill a case either at the federal or state high court for the infringement of your right and the court awards damages against erring officers. There are cases where the court orders erring officers to publicly apologise to the individual they have breached his right.”
The experts said there is a need for stricter enforcement of boundaries and greater accountability for human rights violations by the military.
Due to internal security challenges in recent times and as part of their mandate to defend the territorial integrity of the country and assist the civil authority to ensure there is law and order, personnel of the Nigerian army have been involved in assisting the civil police all over the country.
They have been notably seen across the 36 states of the federation, combating terrorism and dissidents in the South East and kidnapping, and pipeline vandalism in the southwest.
The crucial security service they provide to keep internal security has increased encounters between civilians and members of the armed forces and this has led to some deviant officers carrying out illegal acts.
Their interaction with civilians notwithstanding, it is an aberration for military officers to engage or interfere in civilian matters.
It is also an abnormality for any officer to torture any civilian,manhandle any civilian or take the life of any civilian.
As a signatory to the international law of war, they are not permitted to take any life, the Spokesman for the Nigerian Army, Major General Onyema Nwachukwu explained.
Nwachukwu strongly warned that it was illegitimate to use the military tointimidate people.“No soldier is permitted to be used by any civilian no matter how highly placed the citizen is, it is not allowed,” he added.
He condemned in strong terms officers who allow themselves to be used to settle scores reiterating that if a civilian has any case with another, they should report it to the civil police. “We have told the public that if you find any of our soldiers involved in such illicit activity, report it. We have human rights desks in all the divisions. You can make your report in the brigade headquarters, or the battalion headquarters. All these have been made available to the public to ensure that nobody is maltreated and that none of our soldiers misbehaves in public. If there is any infraction, report it to see if it will not be treated.”
Speaking on how delinquent soldiers are handled, the Army spokesman said “We have disciplinary measures. Once it is reported to us, it will be investigated by the military police. It will not be swept under the carpet. there is no sacred cow. If we conduct an investigation and the solider is indicted, they will be tried and depending on the gravity of the offence will be punished.”