Human
rights lawyer, Femi Falana (SAN), has called on President Muhammadu
Buhari to prosecute the Chief of Army Staff, Lt. Gen. Tukur Buratai,
alongside other soldiers involved in the violent attack that led to the
killing of scores of Shi’ite members in Zaria, Kaduna State.
Falana,
in a statement titled, ‘Armed soldiers who attacked Sheik Ibrahim
El-Zakzaki should be prosecuted,’on Wednesday also enjoined the
Inspector-General of Police, Solomon Arase, to allow all detainees
arrested in connection with the clash access to their families, doctors
and lawyers.
The human rights activist reminded the Police and
the Army authorities that in the 1996 case between the late Chief Gani
Fawehinmi and the late Gen. Sani Abacha, the Court of Appeal had ordered
the Attorney-General of the Federation, the Inspector-General of Police
and the operatives of the Department of State Services to allow the
late Fawehinmi’s wife and personal physicians to have access to him in
prison “at all reasonable times.”
He said, “It is pertinent
to remind the army and police authorities that even under a repressive
military junta, the right of access to detainees was fought and won in
Nigeria. Thus, in Chief Gani Fawehinmi vs General Sani Abacha (1996) 5
NWLR (PT 447) 198 at 202, the Court of Appeal ordered the
Attorney-General of Federation, Inspector-General of Police and the
operatives of the State Security Services to allow the wife and personal
physicians of the appellant, a political detainee, to have access to
him in prison custody ‘at all reasonable times.’
“In requesting
the Inspector-General of Police to allow access to the detainees, his
attention ought to be drawn to Section 14(2) of the Administration of
Criminal Justice Act which provides as follows:
“A person who has
the custody of an arrested suspect shall give the suspect reasonable
facilities for obtaining legal advice, access to communication for
taking steps to furnish bail, and otherwise making arrangements for his
defence or release.
“In the light of the foregoing, we urge the
police boss to allow the detainees access to their family members,
personal physicians and legal practitioners at all reasonable times.
Having undertaken to end impunity in the country, President Buhari
should ensure that the Chief of Army Staff and all the soldiers who took
part in the violent attack and arson in Zaria are brought to book
without any further delay.”
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