The Prominent Civil Rights Advocacy group HUMAN RIGHTS
WRITERS ASSOCIATION OF NIGERIA (HURIWA) has appealed to the hierarchy of the
National Assembly to pass a legislation bringing into being a NATIONAL HOUSING
TRUST FUND FOR FALLEN HEROES so members of the immediate and direct members of
the families of soldiers killed fighting terrorists can be adequately housed
and their Children sponsored educationally up to University level.
In a media Statement confirming the development, the
National Coordinator Comrade Emmanuel Onwubiko said it has become imperative
that the welfare and wellbeing of our brave soldiers killed whilst defending us
and keeping Nigeria safe from being overrun by armed terrorists are not
forgotten but that their memories are honored and rewarded through
providing beneficial palliatives to the children and wives left behind by these
heroic combatants killed in the line of duty.
The letter was sent to the Senate President Ahmed Lawan
and the Speaker of the Federal House of Representatives Mr. Femi Gbajabiamila.
The letter titled: "KINDLY PREVAIL ON PRESIDENT
MUHAMMADU BUHARI (GCFR) TO BUILD HOUSES FOR IMMEDIATE FAMILY MEMBERS OF FALLEN
HEROES OF THE NIGERIAN MILITARY", reads as follows:
"On behalf of our well over eight thousand
registered members and millions of patriotic Nigerians, we write you this
letter to pray you and your members to legislate as quickly as possible the
reward by Nigeria to all the immediate families of our military combatants
killed by terrorists and hoodlums in the line of duty whilst defending each and
every one of us from the murderous attempts of armed terrorists to destroy the
country.
As members of the human rights community, we have watched
as both the federal House and the senate have concentrated her energies
negatively playing the politics of seeking the dismissal of the service chiefs
as if that is the magic wand needed to defeat terrorists. We have also watched
with disappointment as some of your members have chosen to become public
advocates of terrorists in the guise of seeking to set up a commission for the
so-called repentant terrorists. This is very absurd, very illegal and so
outlandish. We urge you to throw that proposed bill into the dustbin of history
where it rightly belongs. We making up the prominent civil Rights advocacy
group – HUMAN RIGHTS WRITERS ASSOCIATION OF NIGERIA (HURIWA) has warned that
the proposed bill to legislate the outright pardon of armed terrorists under
the guise of deradicalization programme could result in civil war either in the
short, medium or long term. The bill is sponsored by Ibrahim Geudam of Yobe
East Senatorial District and was read for the first time on the floor of the
Senate. The bill seeks the establishment of an agency that would ensure the
REHABILITATION, DERADICALISTION; and REINTEGRATION of the so-called repentant
terrorists in Nigeria. But HURIWA has warned that the bill is unconstitutional
and offends all relevant anti-terrorism Laws of the federation.
Let us from the HUMAN RIGHTS WRITERS ASSOCIATION OF
NIGERIA (HURIWA) caution the section of the National legislators who are
actively conniving with armed terrorists to introduce a satanic legislation
that will overlook the mindboggling crimes of genocides committed by terrorists
and the killings of over 30,000 innocent Nigerians in the last ten years with
the view to appease terrorists even when the victims of terrorism are scattered
in different internally displaced people camps in Nigeria and are external
refugees in so many nearby Countries.
HURIWA has categorically warned thus: “If this bill to
legalize the freeing of arrested terror suspects under any guise succeeds, then
the nation should be prepared for the consequences of their unconstitutional
action because the hundreds of thousands of innocent victims of the terrorists
attacks in the last decade will definitely not fold their hands whilst those
who killed their loved ones are pardoned through roguish means by the passage
of this criminally minded bill that is meant to legalize belonging to terror
cells and participating in mass murders.”
This bill before the senate is not only satanic and
unconstitutional, but will paint the picture of a rogue nation because in all
civilizations, those who declare war against innocent citizens and participate
in genocide are rounded up and prosecuted and made to face the full weight of
the law. History is replete with a plethora of trials of persons who have
joined terror gangs and carried out mass killings. The plot by the National
Assembly to therefore permit the wanton defecation of the constitution of
Nigeria by forgiving mass murderers must never be allowed to succeed,” HURIWA
affirms.
In the statement endorsed jointly by the National Coordinator
Comrade Emmanuel Onwubiko and the National Media Affairs Director Miss Zainab
Yusuf the Rights group said that: "The government must engage in a law
based war by enforcing anti-terrorism laws. Section 1A (4) of the TPA (as
amended) empowers “the law enforcement agencies” to “enforce all laws and
regulations on counter–terrorism in Nigeria”. Prior to the TPA, Section 46 of
the EFCC Act 2004 defines “terrorism” to mean a violation of the Criminal Code
or the Penal Code and with likelihood of endangering life, integrity or
freedom, or causing serious injury or death with the intent to force the
person(s) or body or government to do or not to do certain things or disrupt
and includes financing or aiding terrorism. The punishment for the crime by
Section 15 of the EFCC Act is imprisonment for life."
"Section 1(3) of the TERRORISM PREVENTION ACT (TPA)
(as amended) defines an ‘act of terrorism’ as that deliberately done with
malice aforethought and which may seriously harm or damage a country or an
international organization. Any act also amounts to terrorism when it is done
deliberately with malice aforethought and intended to unduly compel a
government or international organization to perform or abstain from performing
any act. A terrorist act is committed when done with the requisite intent; it
seriously destabilizes or destroys the fundamental political, constitutional,
economic or social structure of a country or international organization by
intimidation or coercion. It also amounts to a terrorist act where it involves
an attack upon a person’s life that possibly results in serious bodily harm or
death. Intimidating or coercing a government or international organization is a
terrorist act where it involves or causes: the kidnapping of a person, or
destruction of a government public facility, or private property etc. This is
particularly so where the act is likely to endanger human life or result in
major economic loss. By section 2 (b) (I), which defines terrorism as acts done
to unduly compel a government or international organization to perform or
abstain from performing any act the definition of terrorism is confined to
non-state actors thereby excluding state terrorism from the ambit of its
definition. There is an omnibus provision which criminalizes and treats as
terrorist act ‘any act or omission’ in or outside Nigeria which constitutes an
offence within the scope of a counter-terrorism protocols and conventions duly
ratified by Nigeria"
HURIWA has also stated that even before the Senate came
up with this bad piece of proposed legislation to pardon terrorists, It is
difficult to dismiss the general notion that the Nigerian State has not shown
political will and commitment to the war on terror. "It seems that
not only have the real brains behind it not been prosecuted but are also being
shielded. An ideology based crime does not end with the incarceration of the
“foot soldiers”. Unfortunately usual extra judicial killing of high profile
suspects suggests a pattern of cover up. Both Mohammed Yusuf and Alhaji
Buji Foi, Boko Haram leader and the financier respectively, suffered the same
fate while in police custody."
"Closely related is the manner of enforcement of
the law on the subject; enforcement must be within the arm bit of general sense
of legality. This implies that government should be conducted within the
framework of recognized rules and principles which restrict discretionary power
as opposed to the uncertain and crooked cord of discretion as held by the Court
in the cases of Miscellaneous Offences Tribunals v. Okoroafor (2001) 10 NWLR
(Pt. 745) P. 310 and All Nigerian Peoples Party v. Benue State Independent
Electoral Commission (2006) 11 NWLR (Pt. 992) p. 597. "
"In the English case of Arthur Yates & Co. Pty.
Ltd. v. Vegetable Seeds Committee9, Herring C.J held thus in this regard:
“It is not the English view of the law that whatever is
officially done is law … On the contrary, the principle of English law is that
what is done officially must be done in accordance with the law.”
HURIWA argued further that: "Nations which have
achieved stability and national security are those which have elevated law
above political, religious, ethnic sentiments. The present federal government
must be compelled to advocate national security on the basis of respect of not
only individual rights but also the rule of law but definitely not the
appeasement of terrorists."
However, we want you in the National Assembly to
concentrate your POSITIVE energies towards working out palliatives for the
surviving members of our brave combatants. We must admit that the current Army
chief has elevated the welfare of these fallen heroes to the pedestal of
excellence and has consistently paid out supporting funds to these families.
But we think the fallen heroes deserve much more than what they are getting at
the moment.
It is a fact that the surviving immediate families of
these fallen heroes from the war on terror, are often not able to find good
housing assets to live in if some of them are asked to vacate their official
quarters in the barracks.
We propose that Nigeria should create a special Trust
Fund to build six bedroom bungalows in any town of their choice for the
legitimate surviving immediate families of the fallen heroes.
We urge you to look at page 9 of today’s Nigerian Pilot
to see the emotional photo showing the little boy Master Obinna Akataobi and
his mother Mrs. Stella Akataobi left behind by their breadwinner who was killed
by terrorists whilst he fought bravely to defend the territorial integrity of
Nigeria. That photo says the Chief of Army staff through the Deputy Director of
Welfare department Brigadier General Isa Abdullahi issued a cheque to this
family of one of our fallen heroes.
Once more, we urge the National Assembly to applaud the
Chief of Army staff for this show of good leadership and also to follow up by
establishing a functional and transparently administered SPECIAL BUILDING
PROJECT TRUST FUND for fallen heroes so each member of the military who dies
defending us will have a house whereby his immediate family can call their
home.
Sir, in addition to that, may we pray that the Federal
government should pay upfront all educational expenses up to university level
of the children of all the fallen heroes.
These incentives are necessary to reward these great people
for their supreme sacrifices."
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