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By Emmanuel Onwubiko
The Chief of Defence Staff, Gen. Christopher Gwabin Musa, is obviously a very young man and the most senior General in Nigeria’s armed forces today. To find such a young but senior military officer with fresh perspectives on a number of issues is a welcome idea. His perspective on constitutional democracy encompassing the fact that the military should be loyal to the constituted civilian authority under the Nigerian Constitution in order for democracy to thrive is very refreshing and profoundly philosophical.
The Kaduna State-born General has also pledged to curb the excesses of his operatives who often violate the fundamental human rights of Nigerians during internal security operations. Excellent as this pledge sounds, particularly because it is an admission that there are issues around protecting human rights of civilians by his men and women, the soundbite is already a constant sing-song among top military officers for so long now.
What has remained the focal point is the inability and unwillingness of the service chiefs, including the Chief of the Defence Staff, to work out strategic implementation mechanisms for the enforcement of disciplinary measures to stave off abuses of the rules of engagement in internal military operations by members of the Nigerian armed forces. Extrajudicial killings of civilians by military have continued with no hope of abating.
Gen. Musa says globalisation, international antagonism and social media are hampering the fight against insecurity in Nigeria. Musa spoke in Abuja at the opening of the sixth edition of the Nigerian Security Expo (NISECEXPO) themed “Home Land Security – Africa’23.”″ Gen. Musa, represented by Emeka Onumajuru, chief of defence training and operations, dwelt on Africa’s defence force participation in peace missions.
The Economic Community of West African States Monitoring Group (ECOMOG) was a West African multilateral armed force established by the Economic Community of West African States (ECOWAS), he said.
Musa said some people were of the opinion that the capabilities of the Nigerian army have declined since ECOMOG. He, however, said the armed forces have received improved training and acquired better and more sophisticated equipment to deal with insecurity. “I will use this opportunity to respond to the issues on why the armed forces are slow in achieving the same speed recorded during the ECOMOG era to restore normalcy in Nigeria,” he said.
“Many security analysts have attributed the development to the meddling of politicians in the affairs of the military.
“Others are of the opinion that the capabilities of the Nigerian military have declined since ECOMOG operations. “I want to state that presently, the armed forces have acquired better and much more sophisticated equipment and also, received improved training, compared to the ECOMOG days.”
He said the peculiarities surrounding the operations of the military in its efforts to restore peace and security in Nigeria, were not the same as what obtained during the ECOMOG era. Musa said every action of the military is currently under scrutiny in the social media space. He said these actions are often available to the public, including insurgents.
“Consequently, members of civil society organisations and other activist groups levy unfounded allegations against the troops that serve as huge distractions,” he said.
“The consequences are that the troops are more careful in dealing with the insurgents.
“Some of the insurgents could form various right groups or become activists or social media influencers while they carry out activities against the Nigeria military.
“This was not the case during the ECOMOG operation period.”
The CDS further said hostile media is another challenge being faced by the military, which he said was not the case during the ECOMOG era. He said the advent of social media, without monitoring and regulation of bloggers and social media influencers, has affected the response of the Nigerian military to security threats.
The Human Rights Writers Association of Nigeria, (HURIWA) strongly condemns the continued use of excessive force and extrajudicial measures by the Nigerian Army, particularly in the Southern regions of the country. The National Coordinator, Comrade Emmanuel Onwubiko, in a statement released on Monday the 9th of October 2023, demand concrete actions, not mere words, from the Chief of Defence Staff, Gen. Christopher Musa, to ensure that the armed forces adhere to the principles of professional discipline and respect for human rights.
Onwubiko stated that it is with great concern that we have witnessed a disturbing pattern in the Army’s response to attacks on their personnel in different parts of the country. While the Army has repeatedly engaged in violent reprisals and extrajudicial killings in the Southern regions, such actions are noticeably absent in the North, even when officers have been tragically killed by terrorists. This double standard is equal to apartheid. By the way, reprisals are unconstitutional and antithetical to the application of rules of engagement and are therefore unacceptable and must be rectified immediately.
He pointed out that for over two decades, since the inception of democracy in Nigeria, there has been a concerning lack of accountability for large-scale arson attacks on Southern communities, often in retaliation for attacks on soldiers by terrorists and criminal elements. This continued impunity has perpetuated a cycle of violence and suffering among innocent civilians who find themselves caught in the crossfire.
The civil rights group firmly believes that the Nigerian Army and all other armed forces must be subjected to the severest legal sanctions when they deviate from the principles of professional conduct and human rights. Retaliation for heinous crimes, such as the killing of soldiers by terrorists and street elements should never be an excuse for attacking innocent villagers, especially in the South East region.
The group, therefore, call upon Gen. Musa to go beyond promises and take concrete steps to install professional discipline throughout the armed forces. The time for action is now. The lives and well-being of innocent civilians depend on it.
“Conduct a thorough and impartial investigation into all reported cases of extrajudicial killings and violence by the armed forces in the Southern regions.
“Ensure that those responsible for such violations of human rights face appropriate legal consequences, regardless of their rank or position.
“Implement comprehensive training and awareness programs within the armed forces to reinforce the importance of adhering to rules of engagement and respecting human rights.
“Establish clear mechanisms for civilian oversight and accountability to prevent future abuses.”
HURIWA remains committed to advocating for the protection of human rights and justice for all Nigerians. We stand with the affected communities in the Southern regions and will continue to press for meaningful change until the principles of professional discipline and respect for human rights are upheld by the Nigerian Army and other security agencies.
For the avoidance of doubts, these are the obligations of the members of the Armed Forces to comply with the extant rules of engagement and the provisions of the law in internal military operations and why cases of extra judicial execution of citizens by armed actors must be investigated and offenders in the military identified and punished.
The above subject matter could not have been more timely in Nigeria today, particularly in view of the recurring incidents of extra judicial killings by members of Nigeria’s armed forces across the country, under the guise of quelling insurgencies, insurrections, banditry, terrorism, kidnappings and various other sundry breaches of the peace, literally springing up in the length and breadth of Nigeria. There is no doubt that the daunting security challenges cropping up all over the country is very worrisome and therefore requires extraordinary measures by the country’s civil and military leadership, so as to stem them, we believe that care must be taken to ensure that members of the armed forces in carrying out this arduous task, do not cross the bounds of the absolute necessity to uphold the extant Rules of Military Engagement and the provisions of the Law.
Unfortunately, it has been stated in public and private circles in this country that Nigeria which is arguably the giant of Africa, is known for its human rights violations, by security agencies. Efforts must therefore be put in place to ensure that the sanctity of the Law and the abiding supremacy of the Constitution of the Federal Republic of Nigeria are zealously guarded. Extrajudicial killings as well as inhuman treatment of citizens is absolutely forbidden both under the Constitution, the various Laws and even rules of morality. They are therefore totally condemnable and perpetrators within and outside the armed forces, including the police must be fished out and punished in accordance with our laws.
Some of the functions and duties of the Nigerian Army, as provided under the law, including the Constitution, include the following: It is the foremost duty and function of the Nigerian Army to uphold the Constitution of the Federal Republic of Nigeria. This is expected as the Nigerian Armed Forces was itself established and its composition and duties spelt out, under chapter 6, part 3, Section 217 of the said Constitution. Following from number one above, It is the primary duty of the Nigerian Army and the armed forces generally, to maintain the territorial integrity of Nigeria.
They are expected to defend Nigeria from external aggression. They are to protect the country’s borders.
The Armed Forces of the Federal Republic of Nigeria are to perform any other duties stipulated by the National Assembly in their various enabling Acts, or as directed by the president, from time to time.
Section 217 (2) (c) of the 1999 Constitution (as amended) provides that Nigeria’s armed forces shall suppress insurrection and act in aid of civil authority to restore order when called upon to do so by the President, Commander-in-Chief reinforced by Sect (8) (1) and (3) of the Armed Forces Act, Laws of the Federation of Nigeria, (LFN) 2004. This presupposes that troops have to use necessary force to quell crisis resulting in deaths, injury and damages to properties. Gen. Musa should fish out soldiers who have killed civilians illegally and get them to face the full weight of the law.
•Onwubiko is Head of The Human Rights Writers Association of Nigeria and National Commissioner of the National Human Rights Commission of Nigeria
