We are, by now, well aware of the loss of life, the destruction of the Urhobo community of Okuama, in the Niger Delta Region of Nigeria, and the resulting distress visited on the inhabitants of the area. Now dispossessed of their lands and property, and deprived of the usual and ordinary items which aid functioning human lives, they are forced to ask why, and what follows next?
They are yet to receive credible and verifiable responses to these logical and seemingly straightforward questions, as are the rest of their fellow citizens. Expectedly, to fill the vacuum, “answers” and “explanations” many with narratives which appear clearly to be at odds one with the other, have been proffered. The result as we write this, is not light shed on the tragedy, but, in its stead, a particularly dense fog, and a citizenry not fully informed. But the citizenry – the Sovereign – in a country – in a Nigeria which professes to be a Republic – has the right and the need to know the actions in which the Nigerian state, her instrumentalities and all other operating organs engage, and why they do what they do. In the absence of the requisite information, the Sovereign is ill-served.
In the circumstances, the Urhobo Historical Society (UHS) demands that the Nigerian Government and the Government of Delta State jointly appoint an Independent Commission of Inquiry, composed of men and women of proven and publicly acclaimed independence and integrity, unconnected to either government, far removed from the military, endowed with the full authority to examine the tragedy, in all its dimensions, and submit its Report to both governments – which Report shall be simultaneously released to the public. To reiterate the point, the Citizens of the Republic of Nigeria – the Sovereign in the Republic of Nigeria – in whose name the Nigerian State acts, and from whom the State derives its authority to act, have the right to know what actions were taken in this matter, why they were taken, on whose instruction, and at whose direction they were taken. The Urhobo Historical Society submits that constituting an Independent Commission of Inquiry with unfettered powers to examine this tragedy in its entirety, is the most likely path to uncovering and revealing the truth, and is the most likely to be salutary.
But even before the Commission is appointed and its Report released, we are all aware of certain facts – facts which are indubitable and cannot reasonably be contested.
- We know that many lives were lost in Okuama, those of members of the Army and those of the civilian population of the area. They were all Nigerians, members of the human family, and for all, we mourn, and we pray.
- We know that contrary to the provisions of the Nigerian Constitution, the Army was apparently engaged in a civil matter in Okuama. While it is true that the Constitution admits of the involvement of the Army in defined civil circumstances, any such involvement is limited in scope and strictly circumscribed.
- We know that subsequent to the deaths of the soldiers in Okuama, the community was set alight, and many of her inhabitants lost their lives in the ensuing melee and conflagration. This is a direct consequence of what was clearly intended and effected as a collective punishment of the community for the deaths of the soldiers. In this regard, it bears noting that collective penalties constitute an offense prohibited by International Humanitarian Law, the Geneva Convention of 1949, included.
- We know that in its bid to “bring to justice” the persons it considers responsible for, and complicit in, the deaths of the soldiers, the Army is engaged in a search, and has declared them “WANTED”, in contravention of the extant law of the Republic of Nigeria. In May of 2020, the Honorable Justice Ijeoma Ojukwu of the Federal High Court in Abuja held, in the case of Issah Perry Brimah v. Nigerian Army that “The Army has no vires [jurisdiction/authority] to declare [an individual] wanted without due process of law.”
- We know, on information and belief that the Monarch of Ewu Kingdom, King Clement Ikolo Oghenerukevwe, who was among those declared “WANTED” by the Army, surrendered to the Police Authorities who, egregiously, delivered him to the Army, this in blatant violation of Nigerian law. As Justice Taiwo of the Federal High court in Abuja held, in February of 2021, in the case of Grace Anita Paul v. Chief of Army Staff, et.al, “the Nigerian Army lacks the power to arrest, investigate and hold in custody, anyone who is not subject to the Armed Forces Act or any other military law.” We are certain in the view that, until the day comes when a higher Nigerian court of law rules to the contrary, either explicitly or sub silentio, the holdings in Brimah and Paul stand as the correct and operative readings of the applicable laws. Accordingly, the Urhobo Historical Society submits that the detention of the King is violative of the laws and the Constitution of the Federal Republic of Nigeria, and that adherence to the Rule of Law and the requirements of justice in a well ordered society dictates that he should be released immediately. The investigation of suspected criminal actions and the prosecution of those who are alleged to have engaged in criminal activities are, by the provisions of Section 214 of the Nigerian Constitution, and Section 4 of the Police Acts and Regulations, the province of the Nigeria Police, and not that of the Nigerian Army. That the Army takes institutional offense because an alleged criminal act results in the deaths of its officers and men, does not, without more, abrogate the laws of the Republic of Nigeria or render inoperative the command of her Constitution – not if she is a Republic of laws, and not one of men and/or women. Even if the Republic of Nigeria could arguably be considered a society where good order and the rule of law remain, for the moment, mostly aspirational, we would urge that the time has come for a court of competent jurisdiction to issue a writ of habeas corpus, on application, in the matter of the King.
- We know that included among the roles of a state governor, is the duty to serve as the Chief Security Officer of the State. But, because we are yet to learn what part, if any, the Governor of Delta State played in this tragedy, it is among the many questions to which the Urhobo Historical Society expects answers from the Independent Commission of Inquiry.
- Finally, we know the hardship, concentrated, and unrelenting, which this tragedy has visited on the people of Okuama, and, in the recognition and affirmation of our common humanity, the Urhobo Historical Society demands the following, severally and jointly, from the governments of Nigeria and Delta State.
- An immediate end to all military operations in the area, and the return of the armed forces personnel to their barracks, with the Police put in charge of assuring public order, as required by the Laws and the Constitution of The Federal Republic of Nigeria.
- The provision of adequate shelters, to house all displaced persons whose homes were destroyed, sanitary facilities included.
- The provision of medical facilities to cater to the health needs of the inhabitants.
- The provision of food items, clean drinking water, and clothing, sufficient to meet the needs of the displaced population.
- The construction of school facilities to attend to the educational needs of the children of the area.
- We are informed by press reports that, on behalf of the Republic, President Bola Ahmed Tinubu has announced a host of benefits for the surviving members of the families of the fallen soldiers, including paid housing, educational scholarships for their children, and monetary awards. Because the soldiers came to their demise while on active duty in the service of the country, we understand and accept the solicitude of the government towards the surviving members of their families, even as we question the purpose, the propriety, and the legitimacy of the mission on which they unfortunately lost their lives. Sadly, as of this writing, the speed with which the government has manifested its concern for the survivors of the deceased soldiers has not been demonstrated, in equal measure, towards the survivors of the deceased victims of the Okuama tragedy – persons who, the Urhobo Historical Society submits, are no less deserving of the solicitude of the Republic. Payments in the form of restitution, consequential and collateral damages to all who have suffered losses, including monetary compensation to those survivors who lost members of their families, sufficient to match the support and assistance provided to the families of the departed soldiers, must, in equity, be extended to all the families of the deceased victims of the army’s destruction of Okuama.
- Payments to the community to compensate for the loss of public facilities, in order that she might, at a minimum, be made whole, must also be made.
We expect the two governments to attend to these demands with haste, not only because the social contract between the two and the Citizens of Nigeria and Delta State, the dispossessed and distressed inhabitants of Okuama included, whom both governments are sworn to serve and protect requires it, but because it is right and proper that both governments should do so. This must be done, and the Urhobo Historical Society expects and has high hopes that both governments will attend to their responsibilities with the urgency that the facts and circumstances of the moment make imperative. Nothing less would do, because human lives are at severe risk, our fealty to our family – the Human Family – is on trial – and neglect, incompetence, and failure are most assuredly not options. No, not in this instance.
We thank you both for your attention to, and your consideration of, the substance of this missive, and we await, with high hopes and high expectations, your favourable responses in a very timely manner.
Best regards,
Dr. Aruegodore Oyiborhoro Engr. Onoawarie Edevbie
_______________________ _______________________
President, Urhobo Historical Society Secretary, Urhobo Historical Society
Tel: 1-917-319-1981, (New York, USA) Tel: 1-313-850-4266, (Michigan, USA)
E-mail: ovwa22@gmail.com E-mail: andrewedevbie@gmail.com
