Sponsors of Terrorism Should be Tried Now!

GUEST BY FEMI FALANA

Sometime in August 2019, a gang of 10 soldiers led by an Army Captain ambushed and killed the  three police officers who had arrested an alleged kidnap suspect, Bala Hamisu (a.k.a.Wadume) in Jalingo, Taraba State. The cold murder of the police officers was designed to cover up the involvement of the soldiers in the several killings and illegal collection of hundreds of millions of Naira as ransom by the kidnappers who had terrorised the people of Taraba State for about three years.

The suspected killer soldiers were charged with terrorism in the Federal High Court by the Nigeria Police Force. But in  a complete abuse of his powers under section 174 of the Constitution,  the Attorney- General of the Federation (AGF) and Minister of Justice, Mr. Abubakar Malami SAN filed a nolle prosequi and withdrew the charges pending against the soldiers at the Federal High Court.

They have since been shielded from prosecution without any legal or moral justification. Our demand for the arrest and prosecution of the suspects has been ignored by the Federal Government. In another development,  the Attorney-General of the Federation announced, between April and May 2021, that the investigation of the cases of sponsors of terrorism and 800 terror suspects by security forces had been concluded.

The Minister assured the nation that charges of terrorism would be filed at the Federal High Court against the 1,200 suspects once the industrial action of the striking staff of the Judiciary was called off. Even though the industrial action was called off in June last year, the Attorney-General of the Federation has not adduced any reason why the 400 sponsors of terrorism and 800 terror suspects have not been arraigned at the Federal High Court.

Thus, the suspectshave been shielded from prosecution and exculpated by the Chief Law Officer of the Federation in spite of the overwhelming evidence already assembled against overwhelming evidence already assembled against them by the team of investigators.Our attention has also been drawn to the claim of Mr. Rotimi Amaechi, the Minister of Transport to the effect that  the terrorist attack on the train in Kaduna would have been prevented if the Federal Government had acquired and installed security sensors.

The Minister said that ”If those items were here, drones alone will tell you that there are people around the rail tracks because there are drones, there are equipment that pick sensors if you touch the track. But unfortunately, the process has not been able to get us that approval for us to import those items.” However, the Minister did not explain why the trains were not grounded until the security gadgets were acquired and installed. Thus, it is clear from the admission of the Minister of Transport that the Federal Government knew that the tragedy was waiting to happen.

Having accepted full responsibility for the terrorist attacks the Federal Government should apologise to the nation and and pay aggravated compensation to the survivors and family members of the deceased while efforts are intensified to secure the release of abducted t passengers. No doubt, the deliberate refusal to prosecute arrested sponsors of terrorism and terror suspects has continued to exercerbate terrorism in the country. 

However, as we join the people of Nigeria in condemning the dastardly attack on the Kaduna-Abuja train leading to the barbaric murder of several persons we are compelled to call on President Buhari to direct the Inspector-General of Police to prosecute all indicted terror suspects. Furthermore, we urge the President to order an investigation into the claims   of the wanton negligence that led to the terrorist attacks. 
•Femi Falana SAN is the Interim Chair, Alliance on Surviving Covid 19 and Beyond (ASCAB) 

Why Nigerians Cannot Pay for Treatment of Injured Passengers 

BY FEMI FALANA
The Minister of Transportation, Mr. Rotimi Amaechi was reported yesterday to have requested the traumatised people of Nigeria  to contribute to the cost of treating the passengers who were injured in Monday’s train attack by terrorists. During a visit to one of the hospitals where the passengers are being treated Mr. Amaechi said that some of them  need drugs that are not manufactured in the country, asking Nigerians to assist in raising the money.

Having regard to the facts and circumstances of the tragic incident the statement credited to the Minister is highly provocative and insensitive on the following grounds:1. On January 22, 2022 the Managing Director of the Nigerian Railway Corporation, Mr. Fidet Okhiria announced that a lot of measures have been put in place to ensure safety of travel by rail in the country.

Specifically, he said that “We have a lot of DSS who are working unnoticed and most of the time, we have information beforehand and we pass it to the appropriate quarters,” he said. We have increased the number of people we have on the train — both the civil defence, the police; both uniformed and non-uniformed; those armed and not armed.2. Contrary to such assurance the security measures put in place by the Management of the Nigerian Railway Corporation and the Federal Government was designed to give passengers a false sense of security. Hence, the terrorists were able to bomb the Abuja-Kaduna train on Monday.3.

The Minister of Transportation, who superinteds the Nigerian Railway Corporation,  has admitted that it was the failure of the Federal Government to acquire and instal the vital security equipment which caused the terrorist attack and the injury inflicted on passengers and loss of lives as well as the kidnap of several others. Since the supervising Minister has established a case of the supervising Minister has established a case of criminal negligence on the part of the Federal Government and the Management of the Nigerian Railway Corporation he cannot turn round to ask members of the public to contribute money for the treatment of the injured passengers.4. The Nigerian Railway Corporation claims to have sealed insurance contract with five underwriting companies to provide Group Personal Accident and Goods-in-Transit Insurance Scheme for its passengers.

In view of the foregoing, the Minister ought to withdraw the statement credited to him on the treatment of the injured passengers.  More so that the law has imposed a legal obligation on the Nigerian Railway Corporation to bear full responsibility for injury or loss of life of passengers who were killed in the train. For the avoidance of doubt, section 78(1) of the Nigerian Railway Corporation Act provides that “The Corporation shall not be liable for personal injury to, or loss of life of a passenger, unless the personal injury or loss of life is caused by want of reasonable care, diligence or skill on the part of the Corporation or its servants.”