Abubakar Malami, attorney-general of the federation, has
denied allegations that some soldiers are being shielded in the trial of Bala
Hamisu, suspected kidnap kingpin better known as Wadume.
On August 6, 2019, some soldiers attached to 93 battalion
Ibbi-Takum road, led by Tijjani Balarabe, a captain with the Nigerian army,
attacked some policemen who arrested Wadume.
Three policemen and two civilians were killed during the
incident, while Wadume was set free.
After his rearrest, Wadume had confessed that some officers
of the Nigerian Army assisted him to escape when he was initially arrested.
The office of the attorney-general of the federation later
took over the case from the police but the soldiers were not brought to the
court for trial.
This had triggered different reactions, with some persons
accusing the attorney-general of the federation of shielding the soldiers
involved in the release of Wadume.
But speaking with state house correspondents on Wednesday,
Malami said the soldiers had not been
taken to a civil court because they were still being court-martialled in line
with the rules of the military.
“On Wadume’s case, I will like you to note for the record
that it’s the office of the attorney-general of the federation that is
constitutionally established to consider an interest of justice, public
interest and ensure the absence of abuse in the judicial process,” he said.
“Within the context of public interest and the interest of
justice, what we consider by way of fair hearing is that people that are
charged to court are entitled to fair hearing, judicially determined within a
reasonable time. Then where people are charged multiple times on account of one
reason or the other, they cannot collectively be brought before the court for
arraignment on account that others are at large. Those that are available are
entitled to have their case determined within a reasonable time.
“Now, coming to the issue of the soldiers, it is important
for you to note that within the context of the Nigerian law, there are certain
provisions that are exclusive to the military within the context of law on
court martial and then the internal discipline associated with the military.
The soldiers can now be charged before court martial and then for the military
to release their personnel for prosecution, ordinary there are in-house
processes and procedures that are to be consummated. So those that are handy
for the purpose of prosecution cannot be held in custody for unduly longer
period of time on the account or the absence of the military.
“So that is how the idea of severing the charge to allow
those that are handy to stand their trail arose. That does not mean that by any
means that the military are shielded and cannot be prosecuted. But if they have
to be prosecuted, they have to be prosecuted within the context of the law.
What is the law here? They are military personnel, first they are to go through
the in-house processes.
“There are two options, either to charge them before the
court martial which is a special court established by law for the trial of
soldiers or in the alternative for the military after consummation of the
in-house processes should consider handing them over for trial. So, what has
happened is perhaps a delay for a limited time to allow the processes
recognised and realised by law to be consummated as it relates to the
prosecution by the military as recognized by law and not in any way to intended
to accord them protection in order to prevent them from being presented before
the court. I hope that is clear.”
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