Lawyers disagree with Kaduna govt. labelling Shiite IMN “insurgent group”

Nigerian lawyers have expressed divergent views on the legality of the action by the Kaduna State government designating the Shiite group, IMN, an “insurgent group.”

While one of the lawyers who spoke in interviews with PREMIUM TIMES said the declaration was constitutional, others said it was not.

The Kaduna State government in a White Paper released on Monday said “for all intent and purpose, the IMN is an insurgent group and ought to be treated as such.”

The government also vowed to prosecute the group’s leader, Ibrahim El-Zakzaky for “crimes” committed by him and his followers for the past 30 years.

Mr. El-Zakzaky and his wife have been detained without trial since December last year after soldiers killed over 300 members of his group.

The soldiers accused the IMN members of blocking the road and plotting to kill the Army Chief, Tukur Buratai; a claim the Shiites denied.

The killing was condemned by local and international rights group.

A Federal High Court in Abuja on December 2 declared the detention of Mr. El-Zakzaky as unconstitutional and ordered his release within 45 days.

The judge, Gabriel Kolawole, also awarded a N50 million fine in favour of Mr. El-Zakzaky and his wife, against the State Security Service, SSS, and the Attorney General of the Federation.

He ordered that a safe place of residence be created for the cleric and his wife in Kaduna State, and that the IMN should not be demonised.

“I am of the view that the applicant need not be demonised, but that they should be allowed to practice the faith they choose,” said Mr. Kolawole.

Three days after Mr. Kolawole’s judgement, the Kaduna government announced its decision to label the IMN an insurgent group. The state government had earlier banned the group.

LAWYERS REACT

In his reaction, Akin Olujimi, a Senior Advocate of Nigeria, said the Kaduna government acted based on law, and therefore the declaration was constitutional.

“The terrorism act contains provisions empowering government to declare an organisation a terrorism organisation. These are security issues that rely in intelligence which you and I may not be privy to. So when they have those intelligence they can now come out to say the group is a terrorist group,” he said.

“But we must also know that the court has a power to determine a matter before it. If the court has enough evidence before it that a group is a terrorism organisation the court will make such a pronouncement. But if it does not have enough evidence to make such a declaration, it will not make such a pronouncement. It will only ensure that the fundamental rights of parties are respected.”

In a contrary opinion, another senior advocate, Simon Ameh, said the declaration is null and void.

“The people are entitled to peaceful assembly, it is their constitutional right. He (the governor) has no right to ban them. The Kaduna State government just has a duty to ensure compliance to law and order. But this declaration in law is null and void,” said Mr. Ameh.

Similarly, another lawyer, Jiti Ogunye, said the declaration is a complete aberration of the provisions of law and an invitation to disaster.

“Even without a positive pronouncement of a court order, the act by the Kaduna State government is illegal and unconstitutional,” Mr. Ogunye said.

“The right to freedom of religion is guaranteed by the constitution and government ought not to make it a habit to infringe on that right.

“The Shiite are a religious minority in northern Nigeria and the invasion by the northern part of Nigeria including the Nigerian government is that they are using state authority to wage a sectarian battle. Nigeria is not an Islamic state, so whatever problem the Shiites and the Sunni Muslims might have, ought to not be the problem of Nigeria. So when you use state apparatus to destroy the lives and homes of these people, declare them an insurgent group and then ban them; what impression are you creating.

“The attack of December, 2015 did not result in the death of one military officer; innocent Nigerians were reportedly killed in that incident. You cannot use state apparatus to wage sectarian battle against a religious group. When the Boko Haram issue started, that was how it was poorly managed till today it has become a Nigerian problem,” Mr. Ogunye said.

30 Boko Haram Insurgents Killed in Unsuccessful Highway Ambush

As the military offensive continues in the North-east, about 30 suspected members of Boko Haram were believed to have met their waterloo in the hands of Nigerian troops, when they attempted to ambush a convoy of local government officials and travellers along Bama road after Nguro-Soye in Borno State.
Troops from 121 Task Force Battalion, Pulka were escorting local government officials from Pulka to Maiduguri, the Borno State capital, when the incident occurred on Saturday morning, according to reports.
The Chairman, Caretaker Committee of Gwoza Local Government Area, Hon. Saeed Salisu Sambo, who was in the convoy, disclosed that the terrorists detonated an improvised explosive device (IED) and followed it with sporadic gunshots which were immediately repelled by the gallant troops.
The troops were reported to have pursued and overpowered the armed attackers with military precision.
He said: “I must commend the gallantry of the troops led by the patrol commanders of the 121 Battalion, Captain S. Suleiman, and Lt. N. Ayuba.
“The incident happened at about five kilometres into Bama town, at about 10 a.m. on Saturday after leaving Nguro-Soye. The insurgents detonated an IED, followed by sporadic gunshots which were repelled by the soldiers.”
He said six soldiers sustained various degrees of injuries, adding that “more than 30 insurgents were killed by the rocket launcher fired by troops. I vividly saw them running away, as the military engaged them in response”.
The military did not confirm whether soldiers were also killed during the ambush.
However, the soldiers injured during the encounter were rushed to the Brigadier Maimalari Barracks Hospital for medical attention, a source disclosed.
An emergency worker, who pleaded anonymity, confirmed counting the bodies of about 30 terrorists killed after the encounter.
The attack came at a time the Boko Haram insurgents have intensified their fight, resulting in the killing of senior military commanders and several troops in the battlefront.
The new attacks have sent signals of a resurgence of the terrorists, whom the federal government said had been “technically defeated”.
Credit: thisdaylive

Troops Nab Insurgents Planting Explosives On Military Supply Route

The Nigerian Army says troops on operation Layifa Dole arrested four fleeing Boko Haram members discovered to be planting bombs on troops supply route.

A statement on Friday from Army spokesman, Colonel Sani Usman, said the arrest was possible following information provided by a detained suspected Boko Haram militant, Lawan Abbai.

He added that the troops carried out Mine and Improvised Explosive Devices (IEDs) clearance at Gombori, which was along the troops main supply route.

He said the troops located and recovered two heavy IEDs buried in the ground by suspected remnants of Boko Haram insurgents.

He said in the process of recovering the deadly IEDs, the troops intercepted four fleeing suspected Boko Haram insurgents who said they were on their way to surrender to troops.

 He said on preliminary investigation, they were identified as confirmed Boko Haram members planting IEDs along troops routes by their arrested colleague, Lawan Abbai.

He also said the troops rescued five women and a baby from Boko Haram insurgents in the same general area.

Credit: dailytrust

800 Repentant Boko Haram Insurgents Receive Food From NEMA

The National Emergency Management Agency has presented food and non-food items to the military for Operation Safe Corridor Programme meant to de-radicalise, rehabilitate and re-integrate 800 repentant Boko Haram insurgents.

According to the agency, the gesture was to fast track peace process in the North East.

The Director-General of NEMA, Mr. Sani Sidi, who presented the items in Gombe State, said the agency would continue to play its role in the programme by providing regular support of food and non-food items for the upkeep of the ex-terrorists.

Sidi, in a statement issued by the Media and Public Relations Officer of NEMA, Sani Datti, in Abuja on Tuesday, said, “The initiative, which is in line with international best practices allowed those engaged in the fighting to voluntarily surrender and embrace peace so that they can undergo rehabilitation.”

He stated that items to be released for this purpose every three months include 410 bags of rice, 400 bags of beans, 200 bags of millet, 200 bags of sorghum, 750 cartons of spaghetti, 50 cartons of Maggi cubes and 810 cartons tomato paste.

Others are 101 vegetable oil in 20 litre kegs, 101 palm oil in 20 litre kegs, 50 bags of salt, 100 bags of sugar, 420 cartons of milk and 420 cartons of milo chocolate.

The non-food items include 800 pieces of mattress, 500 hundred pieces of blanket, 500 pieces of nylon mats, 1000 plastic buckets, 1000 plastic spoons, 1000 plastic cups, 1000 plastic plates, 1000 plastic pairs of slippers, 2000 men’s wear, 63 cartons of bath soap and 1000 bath towels.

Receiving the items, the Coordinator of Operation Safe Corridor, Brigadier-General, Bamidele Shafa, said the initiative was designed to de-radicalise, rehabilitate and re-integrate willing and repented Boko Haram insurgents who had come out to surrender to the military and believing that it would quicken the peace process in the North East.

“Between September last year and February this year a good number of Boko haram insurgents have come out to surrender,” he added.

Credit: Punch

Troops Kill 30 Boko Haram Insurgents

More than 30 Boko Haram insurgents were killed when they ambushed an Army contingent in Kareto, Borno State, the Army said yesterday.

The attack by about 100 Boko Haram members on Monday occurred during patrols by the 113 Battalion.

The ground operation by the Army and a multinational force, with air cover by the Air Force, is to raid the North on a village-by-village basis, capture Boko Haram terrorists and free the captives.

Cameroonian Gen. Bouba Dobekreo said this month that the ground forces were put in place to eradicate Boko Haram threat in Nigeria.

In clashes last Friday, 34 suspected Boko Haram members were killed and 455 captives freed in Borno State.

In Monday’s battle, 24 soldiers were injured, said Col. Sani Usman of the Nigerian Army.

Military sources said: “Scores of Boko Haram insurgents escaped with gunshot wounds.”

Yesterday, the Army reported a separate incident – a Boko Haram attack on the convoy of Brig.-Gen. Victor Ezugwu, the Acting GOC (General Officer Commanding) in the Borno city of Bama. One soldier was killed and two injured.

Insurgents were killed, arms and ammunition were recovered. Gen. Ezugwu was not injured.

More than 20,000 people have been killed by Boko Haram terrorists and 2.3 million displaced since the group began violent campaign in 2009.

Credit: Nation

We Will Deal With Pipeline Vandals Like Boko Haram Insurgents- Buhari

President Muhammadu Buhari has issued a stern warning to vandals and saboteurs blowing up oil and gas installations, saying the full weight of the law would be unleashed on them should they continue in their nefarious acts.

The President said the fate of the Boko Haram insurgents in the hands of the Nigerian armed forces would be their lot. Speaking at a meeting with members of the Nigerian community in China, President Buhari said he would not relent in the fight against corruption. According to him, corruption is an arch-enemy of the nation, which has destroyed the lives of many Nigerians.

He said: “I ask for your support to make our vision of stamping out corruption a reality in the shortest possible time. Whoever is caught will not be spared. The government is still being dared, but those who are sensible should have learned a lesson. Those who are mad, let them continue in their madness.

“I am aware that in the last two weeks, the national grid collapsed a number of times. I hope this message will reach the vandals and saboteurs who are blowing up pipelines and installations. We will deal with them the way we dealt with Boko Haram.”

President Buhari assured the Nigerian community that the Federal Government was working very hard to overcome current national challenges and deliver on its promise of a better Nigeria.

Credit: vanguardngr

Military Announces Plans To Close Markets In Borno, Yobe Aiding Insurgents

The Nigerian Army has announced plans to close designated markets in Yobe and Borno where traders have been found to be aiding Boko Haram terrorists with logistic supplies.

The acting Director of Army Public Relations, Col. Sani Usman, made the disclosure at a news conference in Abuja on Tuesday.
He said the plan was part of measures adopted to contain attempts by some unscrupulous elements to sabotage recent gains recorded by the military in the war against insurgency in the northeast.

Usman said any breach of the order of the closure of the markets would be punished and appealed to residents of the affected areas to support new measures, aimed at ending the insurgency permanently.

“It has come to the knowledge of the Nigerian Army that as concerted efforts are being made to finally clear all remnants of Boko Haram insurgents in the northeast, some unscrupulous elements have been thwarting the efforts for pecuniary gains.

“They engage in all manner of illegal commercial activities, such as trading and smuggling, especially during late hours, all aimed at sustaining terrorism and insurgency.

“Consequently, the Nigerian military and, indeed, the Nigerian Army are highly concerned with these unpatriotic acts .

“The Army is, therefore, taking drastic steps to curtail this illicit trading with terrorists, from now on, some markets identified engaging in this illegal trade with adversary in Borno and Yobe will be closed,’’ he said.
Credit: dailytrust

Army Kills 14 Insurgents, Recover Arms In Yobe

The Nigeria army says it has killed 14 Boko Haram insurgents and captured two others around Chirokusko Village in Tarmuwa Local Government Area in Yobe.

 

 

Brig.-Gen. Mohammed Aliyu, General Commanding Officer (GCO), told newsmen in Damaturu on Monday that 16 assorted weapons and ammunitions had also been recovered from the insurgents.

 

 

Aliyu said the terrorists sneaked into the area and were about settling down when the army ambushed them following a tip-off from patriotic citizens. He commended the host communities for their cooperation which included providing security operatives with useful information.

 

 

 

According to him, more troops have been deployed to the area to enhance manpower to consolidate the gains recorded in the fight against insurgency.

 

 

“The Damaturu-BuniYadi-Biu road will soon be opened to motorists for economic activities to resume in the liberated areas.’’ The GOC said as part of efforts to boost the morale of the troops, more than 10, 000 soldiers had been given special promotion, while 1,500 others were currently under consideration for promotion to their next rank.

 

 

 

According to the GOC, the army will continue to operate within the rules of engagement and with respect for human rights. Aliyu said the closure of markets in some communities were based on security reasons and pleaded with people of the area to be patient, adding that the markets would soon be re-opened for business.

 

 

 

“We are aware of the inconveniences the market closure might have caused the communities, but we are working hard to reopen them for economic activities to resume,’’ he assured. The GOC called for improved cooperation between soldiers and the communities in order to collectively defeat insurgency in the country.

 

 

 

(NAN)

Troops Kill 30 Boko Haram Insurgents, Foil Suicide Attack In Borno

Over 30 members of the dreaded Boko Haram sect were killed in a gun duel with Nigerian troops assisted by local vigilantes yesterday morning.

Nigerian troops with the assistance of local vigilantes had laid an ambush for the insurgents between the border villages of Kirchinga/Imirsa which came under Boko Haram attacks in recent times leading to the death of innocent residents.

A local vigilante operative who participated in the campaign told our reporter that following intelligence report about the movement of the Boko Haram insurgents, an ambush was laid which resulted in the killing of many Boko Haram members.

“Following information about the movements of the Boko Haram we got, we decided to lay an ambush in the early hours of Sunday. Our efforts yielded results as we succeeded in killing over 30 of the insurgents after a fierce gun duel.

“We confiscated many weapons from the invading terrorists, including AK 47 assault rifles, bows and arrows and other dangerous weapons,” the source said.

The onslaught against the insurgents followed increased attacks on parts of Madagali local government leading to the death of three soldiers and the abduction of one senior military officer alongside his operational vehicle.

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UK Declares Readiness To Work Closely With Nigeria To End Boko Haram Insurgency

United Kingdom has declared its readiness to work closely with Nigeria to end its security and economic challenges.

Britain says it is going to spearhead the group of seven developed nations (G-7 nations) to rally support for Buhari to crush insurgency in Nigeria without further delay.

British Foreign Secretary, Philip Hammond made the position of his country known when speaking with Vanguard in Abuja on Friday, shortly after attending Buhari’s inauguration.

Hammond led a British delegation to witness the swearing in of Buhari. The president returned to Nigeria on the eve of his inauguration, where he went to see Prime Minister, David Cameron.

Britain also expressed readiness to provide the Nigerian armed forces with needed technical and surveillance equipment and training to be able to combat the menace of insurgency.

“The emergence of Buhari has given us a new opportunity to help Nigeria with both technical and surveillance support to tackle the problems of Boko Haram,” Hammond said.

“But we can only do that if the Nigerian armed forces comply with human rights requirements. Happily Buhari has given us that assurance and we are going to help Nigeria in any way possible to tackle its problems.

Insurgents Will Not Take Control Of Any Town Again – Jonathan

President Goodluck Jonathan on Thursday vowed his administration will resist any attempt by the Boko Haram terrorist group to take control of any town or village within the country.

The President made this remark when the People’s Democratic Party (PDP) took its campaign trail to Damatuiru the Yobe state capital north east Nigeria.

“As I speak, I am so happy to announced that Yobe has been freed of Boko Haram as all terrorists towns earlier under the control of the sect members have been recaptured by our able troops and we will henceforth resist any attempt by the sect members or any group to take control of any territory” the president said.

While condoling the people of the state and beyond for the huge losses caused by the insurgents, President Jonathan expressed sadness that “Boko Haram members have been causing havoc to innocent people and destroying various communities stressing that such era will soon become thing of the past.

“It is unfortunate that our brothers and sisters have turn mad against us and have left us with these sad memories”
President Goodluck Jonathan also said his administration is committed to improving the lives of the people despite the activities of the insurgents and listed areas of intervention in the state to include; the introduction of the great green world and other efforts in fighting desert encroachment that will create enabling environment to farmers and pastoralists in the state and beyond.

The president, who said he has set up a federal university in the state to bring university education close to the people, urged the youth to make the best use of it.

He called on the people of the state to vote massively for the PDP, pointing out that the party will consolidate on the gains of democracy, thereby creating an enabling environment for farmers, civil servants and businessmen.

Accompanied by his running mate, Vice President Namadi Sambo President Jonathan called on people of the state to give the party the maximum support during the 2015 general election.

The president, who said the Federal Government is committed to ending the insurgency, expressed happiness that Yobe is presently free of the dreaded Boko Haram militants assuring that the group will soon be defeated.

The Vice President Sambo on his part called on the people of the north east to vote for PDP, which has returned rail transport up to Gombe and assured that as the war against the insurgency is gradually being won, it will be extended to Yobe and Maiduguri the Borno state capital.

He also praised the efforts of President Goodluck Jonathan’s administration to ending the insurgency as well as the establishment of the 132 and 130 KVA ITC Line from Gombe through Potiskum, Damaturu and Maiduguri.

The gubernatorial candidate of the party in the state Mr Adamu Maina Waziri, while thanking the President and his entourage for the visit, assured the president that Yobe State will be delivered to the PDP.

Military Has Destroyed Boko Haram Structure – Chief of Air Force

Nigerian Chief of Air Staff, Air Marshal Adesola Amosu, has told the Senate Committee on Air Force that military operations in the North east has totally destroyed Boko Haram stronghold by damaging its command and control in the area.

Amosu stated this when he appeared before the committee for the 2015 budget defence.

Amosu commended the collaborative efforts of the neighbouring countries of Chad, Cameroun, Benin Republic and Niger in the fight against the insurgents in the North East.

According to him, the bilateral cooperation between Nigerian soldiers and those countries gave the nation’s security forces a lot of boost because they had blocked the terrorists from escaping to the neighbouring countries.

His words: “On the 15th of February, we were in Lagos to harmonize equipment with the ammunition system. It was very clear that we were commencing a major offensive, which was very quick for me to release information that we are going to storm the North East, that we are going to storm the Sambisa Forest.

“Since the 15th, if you notice, there has not been any major offensive from the Boko Haram terrorists. It is very clear that by our efforts, we have been able to disrupt their communication lines. The command and control is substantially damaged.

“Again, their ability to plan is not there. We have also been able to destroy their training stations. So, the issue of regeneration is out of it. We are lucky again to have our neighbours who have agreed to work with us.

“That has given us huge comfort because when they cannot run away to the neighbouring countries, we are sure that we are going to contain them here, and it will be easy to take them down. So far, we are happy and satisfied with what is going on.

“And I am happy to announce to you that we are getting a lot of cooperation from the citizens. We are getting valuable intelligence from the citizens. We just want to encourage them to keep it up because this is our country and we have no other country to go to.

“These are people coming from outside the country to attempt to destabilize our country.

“I want to use this opportunity to acknowledge fully the support of Mr. President, Dr. Goodluck Ebele Jonathan.

Defense Headquarters Orders Retreating Soldiers to Recapture Mubi

Defense Headquarters in Abuja has  ordered retreating troops to go back and recapture the Mubi from the insurgents.

Reports say that Chief of Defense Staff, Alex Badeh, whose hometown, Vimtim, less than 15 miles from the location of the insurgents, is angry at the action of the fleeing soldiers.

Sources say that the soldiers who fled yesterday have now been ordered to converge at Song, a small township and await final orders to march on Mubi to confront the insurgents and try to dislodge them, adding that there was no aircrafts set to assist the relaunch.

 

Insurgents Abduct More Girls & Women in Adamawa

Dozens of women and girls from two villages in Nigeria’s north-eastern Adamawa state have been reportedly abducted by suspected militants, residents say.

The abductions have not been confirmed by the authorities, but residents say they took place a day after the military announced it had agreed a ceasefire with the Boko Haram group. The government hopes the Islamist group will free more than 200 girls seized in April as part of negotiations.