Human rights lawyer, Femi Falana SAN
By JOY ANIGBOGU
Femi Falana, Senior Advocate of Nigeria (SAN) has said that the denial of the military about the killings and maiming of #EndSARS protesters at Lekki toll gate is unreasonable as evidence on ground does not call for denial, even as he demands that the executive order of Lagos government should be brought to trial.
Falana said that military’s killings and maiming of peaceful protesters was an invasion of their rights to life. He maintained that the Army had no right to calm a protest through shooting of citizens. He pointed our that the curfew was to take effect from 9pm, while the young protesters were attacked between 7 and 8pm on Tuesday night.
The activist in a telephone chat on Wednesday said, “You cannot engage protesters who are not armed. No Army or any force whatsoever is permitted by law to shoot, kill or maim, even when police men have to control a riot, they have to give a warning.
The process of quelling riot is done by the police with the use of tear gas, rubber bullets and water cannons. It is only at the point that the police is being overpowered that they are allowed to shoot, again they are only allowed to fire on the leg to disable the protester, not shooting on the head by virtue of section 33 of the constitution of the federal republic.”
While appealing to the protesters not to be provoked by the unfortunate incidence of Tuesday night, Falana urged them to allow the human right community, Nigeria Bar Association (NBA), Pan African Lawyers Association, who had indicated wish to pursue the matter to a logical conclusion. The lawyer said that the law must be allowed to take its course. He maintained that the Army had no right to calm protest through shooting.
He stressed that the executive order of the Lagos State government imposing 24 hour curfew must be brought to trial. He stated that the extra judicial killings of the government in any form must be investigated.
The SAN said, “The government has craftly allowed the youth to protest but decided to make it impossible for them to do so. Last year in October, the Nigeria Army said it was carrying out Operation Positive Identification (OPI), where people were supposed to provide identities on the road. I took them to court because Army is not supposed to take on any form of security in a democratic regime.
I won them in court. Sponsored elements organized a protest against me in Abuja. Army appealed the judgment, which is still pending in court. The judge made it clear that the Armed Forces has no business except in North-East where there is emergency situation and should not usurp the function of the police.
It is illegal for the Army to shoot, kill and maim protesters in Lekki based on the judgement that we got.” He said. (Daily Independent)
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