He was reacting to reports credited to a legal practitioner, Mr. Femi Falana that the military lacks power to declare civilians wanted.
According to him, in the course of securing the country from terrorism, the military has the power to summon any person to assist them with this task.
Buratai, in a statement issued by his lawyer and human rights activist, Ugochukwu Osuagwu, obtained by journalists in Abuja, added that in the course of questioning any person who is suspected to have links with terrorists, the Army may refer the person to appropriate agencies for further investigation and prosecution, especially where the facts were available.
The statement reads in part that “I do not see how any person would suggest that the Nigerian Army or Military would allow any person they suspect may interfere with the war against terrorism to go scot free simply because the person wears a civilian garb or is a civilian? Certainly Public safety and National Security would not encourage such.
“Rather than condemn the Nigerian Army for declaring certain persons wanted or summoning any person ,we should commend them for their sound intelligence gathering.”
According to Osuagwu, “Nigerian Army has full powers under Section 217 of the Nigerian Constitution to summon or declare any suspected person wanted in the course of defending Nigeria’s territorial space from terrorists and rebels.They do not need to wait for the IGP or AGF or SSS to act swiftly.
“DIA (DEFENCE INTELLIGENCE AGENCY ) is one of the several law enforcement Agencies of the Military empowered under SECTION 40 TERRORISM (PREVENTION) ACT, 2011 to prevent acts of terrorism and investigate as well. Others include the NSCDC, NIS, NCS, NAPTIP etc. The Nigerian Army is part of the DIA and have full powers to investigate and prevent terrorism under the TPA 2011.
“That was why Major General Davies was appointed as acting head of DIA before President Buhari appointed Air Vice Marshal Mohammed Saliu Usman July this year as substantive head. According to the Armed Forces Act, the position of Chief of Defence Intelligence (CDI) which is the apex in the intelligence community is rotational among the services.
“The Defence Intelligence Agency works as a secret Government Agent and are responsible for Intelligence gathering,their operations are more military styled unlike the NIA. The Agency may also be involved in intelligence sharing with the CIA and MI6, Most of their operations are classified and not publicly published. They operate almost like ‘Ghost’ and they are well respected.
“It is submitted that the Nigerian Army has full powers to summon any suspected person and also declare same wanted where it deems fit in pursuance of its mandate both under the Nigerian Constitution and the TPA 2011. The powers of the Nigerian Army to declare Civilians wanted is unshakeable, recognized by Law and unwavering.
“Any person who thinks other wise should better do a re-think and amend his or her ways to respect constituted authorities who seek information from them that will aid the fight against terrorism. We should support the Nigerian Military in their efforts in ousting terrorists from our midst not criticizing their genuine efforts in this fight in the National Interest, the statement said”.
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