Falana Calls For CDS Sack, Says Buhari Has Lost Confidence In Military

The Chief of Defense Staff, CDS Gen. Lucky Irabor must be removed from his position, Femi Falana, a senior Advocate of Nigeria, SAN, has said.

Falana, a human rights activist was responding to a comment made by the Defense Chief last week to the effect that the burning of a crude oil vessel caught stealing Nigeria’s crude was done in “line with the rules of engagement’ by the security agents that carried out the action.

 The vessel was arrested by operatives of Tanita Security Services owned by repentant militant, Government Ekpemupolo also known as Tompolo, and later set on fire by the representatives of the military and Nigerian National Petroleum Company Ltd.

What Irabor said: “There are various approaches, various solutions to a problem and at any time based on certain factors, certain considerations, available to those that are at the frontline, actions are taken based on the directive which are contained in the rules of engagement.

“So, the burning of the vessel, it is because the thief was caught in the act and the procedure, if you are caught in the act, is that everything you are using to undertake that criminal activity should be destroyed and that was done.

“What investigation do you need that you find somebody who decided to deplore several pumping machines and has several hoses that are deployed to a dug out pit where crude oil is stored over a period?

“It was caught in the act. So, the instrument of operation was what was destroyed. I think it is straightforward. Whether that is the best is a different matter entirely but did they act in line with the rules of engagement? Yes, they did.”

Speaking on Sunday, Falana said the vessel should not have been burnt, describing the act as illegal.

According to a statement he signed, Falana said the miliary and NNPC has resorted to self-help, adding that some interests in the country only tried to cover up the theft by setting the crude tanker on fire when investigations had not been carried out.

He said Irabor was only trying to cover up for the illegal activities of his men who have been fingered in crude oil theft in the Niger Delta.

“In an embarrassing justification of the criminal conduct, the Chief of Defence Staff, General Lucky Irabor said that the swift destruction of the oil bunkering vessel by the criminal suspects is in line with ‘the rules of engagement’,” Falana said.

The statement said further, “As if self-help has become part of the rules of engagement the General said the vessel was caught in the act and security agents subsequently set the ‘instrument of operation’ ablaze, noting that no investigation is needed to carry out the action. It is trite law that only the Federal High Court court is empowered to order the interim or final forfeiture of any vessel that was used for conveying stolen crude oil.

“Therefore, the statement credited to General Irabor is a deliberate attempt to cover up the involvement of military personnel in the serious crime of oil theft as there is no provision of the rules of engagement that authorises military personnel or security operatives to set fire or destroy vessels loaded with stolen crude.”

“In view of the gravity of the offence that is being covered up by the military oligarchy, general Irabor ought to resign his appointment to prevent the sabotage of the ongoing operations designed to expose the perpetrators of oil theft in the Niger Delta region,” Falana added.

“If the general decides not to call it quits, the commander-in-chief of the armed forces, President Muhammadu Buhari should not hesitate to fire him. After all, by authorising the engagement of non-state actors to carry out the constitutional duties of the armed forces, the President has lost confidence in the leadership of the armed forces.

“Furthermore, the president should order the chief of army staff to ensure the immediate arrest of the military personnel who set the vessel on fire to charge on and allied offences before a court martial.”

Meanwhile, Falana has also called for the sack of all the security chiefs in the country, saying President Muhamamdu Buhari has lost confidence in their capacity to end insecurity in the country. He spoke on Channels Television on Monday.