How Okuama President General Died Under ‘Questionable Circumstance In Military Custody’, As Nigerian Army Is Accused Of Human Rights Abuses

One of the detainees of the Nigerian Army arrested on the suspicion of complicity in the March 14, 2024 massacre of military personnel in Okuama, Pa. James Oghorokor, has died in military custody.

The death of the deceased, reportedly to have died under questionable circumstance under military custody, has sparked outrage with Ewu community leaders claiming army violation of their fundamental human rights, as guaranteed by the Nigerian Constitution and the African Charter on Human and Peoples’ Rights.

Besides, Pa Oghorokor, reported to have died in custody, Professor Arthur Ekpekpo, Hon. Chief. Belvis Adogbo, Dennis Okugbaye, Dennis Amalaka, and Owhemu Mabel who were picked up based on suspicion by the Nigerian Army are still languishing in military detention.

In a Save Our Soul letter to President Bola Ahmed Tinubu by Ewu-Urhobo Community Development Forum (ECDF), the leaders, argued that the detainees are innocent until proven guilty and should be freed but “the Army has kept them incommunicado in its custody without any charge brought against them till date”.

“The continuous incarceration of Prof. Arthur Ekpekpo, Hon. Chief Belvis Adogbo and other respected members of Okuama community for over 100 days is a clear violation of their fundamental human rights”, the leaders said.

The letter by ECDF, signed by its legal adviser, Emmanuel Igowe, Eqs., Amb. Edewor Egedegbe, Secretary General and Sr John Ebireri, Publicity Secretary, reads, “We, the leaders and the indigenous people of Ewu-Urhobo Kingdom, we are saddened that, as unexpected, the above matter remains unresolved even as we repeatedly cried out to the federal government.We are using this medium to appeal, that the issue of over 100 days of the continuous incarceration of Prof. Arthur Ekpekpo and other leaders of okuama community is now a matter of urgency and should be treated as such because the victims of the Nigerian Army as mentioned above are still languishing behind the bars under alleged sub-human conditions with underline health conditions before their arrest and subsequent detention to date and News reaching us this morning, being Thursday 5th  December, 2024, from Bori Camp, Nigeria Army, Porthercourt where Mr. James Oghorokor, President of Okuama community, who was arrested alongside other leaders of Okuama and his tenant for over 100 days by the Nigeria Army is dead, it should be noted that no body, authority or security agencies has any legal justification to take any body’s life except via court order.

Quoting relevant sections to back their claims that the army has violated the human rights of the detainees,the community leaders called for the immediate release of the remaining detainees and for the army to respect the rule of law.

“Section 33 (1) Constitution of the Federal Republic of Nigeria, 1999 (As Amended 2023) provides that: “Every person has a right to life, and no one shall be deprived intentionally of his life, save in execution of the sentence of a court in respect of a criminal offence of which he has been found guilty in Nigeria”. Section 34 (1) Constitution of the Federal Republic of Nigeria, 1999 (As Amended) provides that: “Every individual is entitled to respect for the dignity of his person, and accordingly – No person shall be subject to torture or to inhuman or degrading treatment;” 

“Section 35 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) provides that:  Every person shall be entitled to his personal liberty and no person shall be deprived of such liberty save in the following cases and in accordance with a procedure permitted by law- a. In execution of the sentence or order of court in respect of a criminal offence of which he has been found guilty; 
Article 3 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act provides that; “Every individual shall be equal before the law“every individual shall be entitled to equal protection of the law’’

“ARTICLES 4 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act provide that: “Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right”.

“ARTICLE 7 (b) of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act which provides that: ‘Every individual shall have the right to have his cause heard. This comprises: a. The right to be presumed innocent until proved guilty by a competent court or tribunal”. 

Calling on President Bola Ahmed Tinubu to intervene in the unlawful arrest and detention of six community leaders by the Nigerian Army, the Ewu-Urhobo Kingdom leaders, contended that “Even if those incarcerated have been suspected of their involvement in the murder of the 17 officers and soldiers of the Nigeria army assuming without conceding, the law is settled that their fundamental rights to which they are entitled to need not to be trampled upon and the best practice is for the military to pass the information to the police for investigation, these individuals are not members of the Armed forces and therefore are not subject to the service law”. 

“Their fundamental rights to personal liberty, dignity of the person and fair hearing guaranteed by the 1999 Constitution of the Federal Republic of Nigeria (As Amended).” Need not be violated in a constitutional democracy which requires that the infringement of the rights of any citizen be justified in law.

“Those arrested and detained by the military are not serving military personnel and as such are not subject to service law, they cannot be investigated or tried under the Armed Forces Act Cap A20 LFN, 2004,” under the Terrorism Prevention Act 2011 as amended.   

“We wrote to the senator representing delta central on 30th day of October, who in turn wrote to the military but the military has decided to be a Judge in their cause and has deliberately refused to release those arrested or charge them to court, reason for their action we can’t ascertain.

“Despite the pending suit at the Federal High Court Warri with Suit, FHC/WR/CS/42/2024, and the bail application served on them, yet the military has deliberately refused to do the needful and follow due process believing they are above the law which ought not to be especially for a country that claim to respect the rule of law where the constitution is supreme and nobody is above the law.

“In view of the above, we are calling on the President of the Federal Republic of Nigeria to call the chief of army staff, to take further action towards the freedom of the oppressed – they are innocent of the suspicion of complicity in the March 14, 2024 massacre of military personnel in Okuama on the strength of the Nigerian Army has decided to make them pay for a crime they know nothing about.

“They remain innocent until proven guilty by a court of competent jurisdiction. We also call on well meaning Nigerians to prevail on the army to release our innocent brothers and sisters from captivity after over 100 days without trial, enough is enough.For, and on behalf of the Okuama Community of Ewu-Urhobo Kingdom
Professor Arthur Ekpekpo, Hon. Chief Belvis Adogbo, Dennis Okugbaye, James Oghorokor, Dennis Amalaka, and Owhemu Mabel, have been held for over 100 days without charge or trial”.