Relatives of a police officer killed by soldiers have dragged Nigeria’s Attorney-General, Abubakar Malami, before the Federal High Court, Abuja, for failing to prosecute the suspects.
On August 6, 2019, Inspector Mark Ediale alongside two other policemen were shot dead in Taraba State on the Ibi-Jalingo Road by soldiers under the command of Captain Tijjani Balarabe.
The soldiers unleashed an attack on the police officers leading to the freedom of a kidnap kingpin, Alhaji Hamisu, also known as Wadume, who was held captive by the policemen in the Intelligence Response Team.
The Nigerian Army has owned up to the tragedy and said the slain policemen were mistaken for kidnappers.
The army also blamed the attack on the communication gap even though the murdered policemen showed the soldiers their identity cards before being killed.
The suspect, Wadume, who has publicly confessed to crime, is currently being prosecuted before the Abuja Federal High Court.
But the soldiers, who killed the policemen are yet to be prosecuted.
Grieving relatives of the deceased policemen and concerned members of the public have made repeated demands for the government to prosecute the erring soldiers.
In a recent statement, the AGF said the government will not prosecute the soldiers, rather the soldiers will face martial court.
However, human rights lawyer, Femi Falana, countered the argument, saying martial court does not have the jurisdiction to try the soldiers for the nature of offence.
The lawyer quoted portions of the constitution and Armed Forces Act to back up his claim.
In court documents sighted by SaharaReporters, Chief Philip Andrew Ediale, elder brother of one of the slain policemen, late Inspector Mark Ediale had filed a lawsuit, an application for judicial review by way of mandamus to urge the court to compel the AGF to prosecute the erring soldiers.
In the court process filed by the law firm of Falana, Chief Ediale said his slain brother was the breadwinner of the family.
He said instead of diligently prosecuting the case, the AGF took over the matter and stopped it for no reason.
The court is yet to fix a date for the application.