The Attorney General of the Federation and Minister of Justice, Abubakar Malami, on Wednesday, opened up on the reasons soldiers involved in the trial of the suspected kidnap kingpin, Bala Hamisu, also known as Wadume, were not being presented for prosecution.
Malami, while fielding questions from journalists after a meeting of Federal Executive Council (FEC), said the soldiers must be prosecuted within the context of the Nigerian law.
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He said for the military to release their personnel for prosecution, in-house processes and procedures must be consummated, stressing that certain provisions were exclusive to the military within the context of the law on court-martial and internal discipline.
Malami, while reacting to the allegation that he was shielding soldiers from prosecution, said: “On Wadume’s case, I will like you to note for the record that the office of the attorney general of the federation is constitutionally established to consider an interest of justice, public interest and ensure the absence of abuse in the judicial process.
“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 the law on court-martial and then the internal discipline associated with the military.
“The soldiers can now be charged before a 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 trial arose.
“That does not mean that by any means that the military is 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 recognized and realize 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.”
The trial of Wadume, and seven others had begun before a Federal High Court in Abuja presided over by Justice Binta Nyako.
Wadume and others were alleged to have been involved in kidnapping activities in Taraba State.
He escaped arrest on August 6, 2019, but was re-arrested in Kano on August 19, 2019.
Wadume narrated how soldiers set him free and killed the anti-crime police officers, who were conveying him from Ibi to command headquarters in Jalingo on August 6, 2019.
Those killed were: Insp. Mark Ediale, 36; Sgt. Dahiru Musa, 40; Owolabi Babajide, 24; Farouk Bashir, 30; and Usman Danazumi, 44.
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