Senior Advocates of Nigeria (SANs) and retired judges have faulted the Board of Inquiry constituted by Defence Headquarters to investigate the March 14 killing of military personnel at Okuama in Ughelli South Local Government of Delta State, saying the board which started sitting on Thursday was illegal.
They said the responsibility to set up a judicial commission of inquiry was that of the Federal Government or ask the Delta State Government to do that.
A military panel, headed by Air Vice-Marshal David Ajayi, started sitting, Wednesday, in Warri. However, Okuama community, whose leaders and lawyer, said the displaced residents were hiding and suffering in the forests because of the cordon-and-search operation by the Army, rebuffed the hearing.
Olorogun Albert Akpomudje, SAN, and Life Bencher, former Attorney-General of Akwa Ibom State, Uwemedimo Nwoko, SAN, and retired President of the Delta State Area Customary Court, Miakpor Emiaso, said the Chief of Defence Staff lacks the power to set up a public inquiry into the Okuama incident
Akpomudje, who is the Otota (Prime Minister) of the ancient Olomu Kingdom in Delta State, said in his reaction: “A public inquiry will mean that members of the public will have access to go and say their mind because it is an inquiry. Is that what they have set up? The Chief of Defence Staff does not have those powers.
“It is unknown that an internal inquiry within the army cannot be open to the public? May be he can do that just to ascertain some facts.
“However, an inquiry that will touch on how the whole scenario of the killings in Okuama happened is not a matter for the Army to do. We are asking the federal government to set up that inquiry. If not the federal government, then Delta State government.
Olayiwola Afolabi, SAN, and Chief Magistrate E.O Eferakoro, retd, told the Federal Government to order the Army to vacate Okuama.
Speaking along the same line, Uwemedimo Nwoko SAN,, said: “Yes, 17 soldiers were killed, and the event that occurred was, of serious, consequence but the government should set up the board of inquiry, not the Army, to ensure transparency in that process, it is important.
‘The government should set up the board of inquiry itself, not the military because it is an interested party. The Army is already a victim, so they cannot set it up.
“Whatever the federal government is doing must abide by the rule of law. Whether it involves individuals, communities, civil security agencies, or the military, the important thing is that the government must work within the confines of the rule of law.”
