The Former Attorney-General of Akwa Ibom State, Uwemedimo Nwoko, SAN, has called on the Nigerian Army to hand the traditional ruler of Ewu Urhubo Kingdom back to Delta State Police Command for thoroughly investigated and prosecution.
Nwoko, who made the call while reacting to the development arising from Okuama, said the Nigerian constitution empowered only the Police to investigate murder cases.
The former attorney general further explained that the development in Okuama is controversial as it affected the Army while the Police were not on the ground, adding that soldiers who came for operation were killed.
According to him, “It is not as simplistic as people would like it to sound. First, they killed soldiers when they went for an operation. Whatever the name of the operation; whatever took them there is another issue, they were soldiers who were murdered.
“Since the soldiers are the direct victims of the attack, and being that they were the security team on the ground, there is nothing wrong with soldiers stepping in to take preliminary steps to apprehend the culprits or persons suspected to be involved.
“After apprehending suspects, they should immediately, after preliminary findings, hand them over to the civil authorities, the police, to now investigate because it is multiple murder cases that are being alleged. It is not within the powers of the Army to investigate murder or punish or prosecute.”
He added that, “It is within the powers of only the Police to do that. Since the soldiers saw what happened, if they can arrest one or two persons, they should hand them to the police which represents civil authorities for proper investigation and prosecution.
“As of the time that Ewu traditional ruler surrendered himself to the police, do not forget that the army had cordoned off the scene of the crime, they had barricaded the entire community. The police do not know anything that happened there.
While recalling that the embattled monarch surrendered himself to the police Nwoko said, “The man that goes out to hand over himself to the police did the right thing. The Police, on the other hand, do not have access to the scene of crime, it is for them to say, soldiers, you were the people on the ground, what happened?
“For soldiers to give a packaged report to the civil authorities that would help in a proper investigation, they should also have the privilege of asking the suspects: who are you? Where do you live?”
“The only problem we have is that the Army are the direct victims, so, they are the only people that can say this is what transpired. If by tomorrow, that man or any other person arrested in respect of that matter is charged to court, any evidence given by any other person outside the soldiers that were on ground will be hearsay, and not admissible.
“The police that would prosecute him were not on the ground. Formally, since the man has reported himself, the Army should find out who he is and where he was on the day the incident happened, and then, package the report and hand him over to the police,” he said.
