Nigerian human rights activist, Sesugh Akume, has called on the National Human Rights Commission (NHRC) to conclude its investigation of the alleged attack on the Jootar community in Benue State by personnel of the Nigerian military before the first year of the sad incident.
It will be one year on March 8, 2024, after the soldiers attached to Operation Whirl Stroke under the command of one Major Paul Duniya, attacked Jootar, allegedly killed some residents, and took away about 100 motorcycles, and other property belonging to innocent citizens of the state without committing any known offence to the law.
However, Akume in a letter to the Executive Secretary National Human Rights Commission (NHRC), Anthony Okechukwu Ojukwu (SAN), appealed to him to use his good offices first, to prevent the injured parties from being victims of double injury whereby they suffered injustice in the violation of their human rights, and in seeking redress are again victims of delayed justice.
Titled: "Re: Alleged Attack On Jootar By Personnel Of The Nigerian Military And Fear Of Genocide By The Nigerian Army Application To Determine And Close The Case," Akume reminded the commission that delayed justice in the matter was leading to psychological distress for the victims and their families, adding that they were unable to heal, find closure, and move on whilst the case was in progress.
The rights activist stated that his application was made pursuant to sections 51); 6(1)(e): 6(2)(b)-(d), and 22(1) of the National Human Rights Commission Act 1995 (2010 amendment). "By the combined effect of the above sections of the Act, the Commission is Nigeria's alternate human rights court with (quasi) judicial power to receive and investigate complaints of human rights violations, decide as to the damages or compensation payable to the injured party, and being a court, the awards or recommendations are binding and enforceable. Further to this, the Commission has the power to summon and compel any person, body or authority for purposes of inquiry, investigation or interrogation."
He, however, reminded the commission that the Nigerian military (and specifically its 'Operation Whirt Stroke' operating around the Benue Taraba border) is the defendant in this case accused of human rights violations.
"Forwarding complaints against a defendant to the very same defendant to interrogate all parties (the injured parties, the victims of human rights violations by the defendants, inclusive) to be the judge in their case whose findings and recommendations (if they are ever made) are to be passed on to the complainant, is strange procedure."
He insisted that the functions stated in paragraphs 2 and 3 above referenced are exclusively and squarely the sole responsibility of the Commission, and none other. "Nothing in the Armed Forces Act 1963, the NHRC Act 1995, or any other known law empowers the military to conduct such service on behalf of NHRC.
"Being a court of law, the role of NHRC in this matter is, in my understanding, to provide the military (the defendants) with the opportunity for a fair hearing and to summon or compel any persons involved as part of your inquiry and investigation process. Or in the alternative, conclude your investigations, and make a determination in default of appearance and/or default of defence, the defendant having been duly served notices, as it is not the duty of a court to wait for parties ad infinitum.
"Permit me to respectfully bring to your notice and remembrance that delayed justice can be considered itself a human rights violation. The principle of justice delayed is justice denied, as you are well aware, which means that where legal redress or equitable relief to an injured party is available but is not forthcoming in a timely manner, it is effectively the same as having no remedy at all. It neither looks nor sounds pleasant that despondent victims of human rights violations run to NHRC for justice and suffer yet another human rights violation."
He summarised/categorised his complaint to NHRC in two parts, namely "that Operation Whirl Stroke' under the command of a certain Major Paul Duniya, on Wednesday 8 March 2023, reportedly attacked Jootar (around the Zaki-Biam area) in Ukum Local Government Area of Benue, resulting in the death of Mr Iniongo Verve, the serious injury of Mr Aondowase Abeda, and the forceful taking away of close to one hundred motorcycles of residents.
"The second part deals with a catalog of such attacks by the Nigerian military on the people of the area continually leading to loss of lives and property, since 21 October 2001, whereof noticing this pattern the people justifiably fear being the target of a systematic genocide.
"For the first part, NHRC concluded its preliminary investigations backed with documentary evidence since April 2023 at least on the facts of the loss of life; serious injury, and loss of motorcycles also with full documentary evidence including receipts of purchase, proofs of ownership, along with the full names, telephone numbers and other details of the victims who are all willing to testify and to be interrogated under oath.
"The name of the military operation that reportedly attacked Jootar is known, and the name of the leader of the detachment is known. In my view, resolving this first part ought not to take more than a few days.
"This application, and my heartfelt appeal, therefore, is that you judiciously and judicially use your good offices first, to prevent the injured parties from being victims of double injury whereby they suffered injustice in the violation of their human rights, and in seeking redress are again victims of delayed justice.
"Second, to determine and close this matter (especially the first part) expeditiously, either by summoning and compelling the attendance of all necessary parties, or based on the prima facie evidence before the Commission, the report of the preliminary investigations, make recommendations and award damages/compensation payable to the victims whose lives have been on hold, so that they may find closure and move on with their lives, before one year of this sad incidence (ie 8 March 2024), please
"Apart from the loss of life, and injury leading to permanent disability, the loss of the motorcycles is a loss of a source of income for close to one hundred families in the present very tough economic situation and the expected impact of such loss thereof."
In the interest of justice, he appealed that his application should be granted and timeously.