By Olukayode Michael, Maiduguri
The Nigerian Air Force (NAF) has reassured Nigerians of its commitment to continue to conduct its operations in adherence to the Rules of Engagement (ROEs) as enshrined in the constitution of the Federal Republic of Nigeria and the International Laws of Armed Conflict (LOAC).
The Chief of Air Staff Air Marshal Sadique Abubakar said this on Tuesday, while declaring open a three-day armed conflict retreat for NAF Field Commanders at Abuja.
The retreat, with the theme:
“The Law, the Courts vis-a-vis the Military Commander in Counter Insurgency and
Counter Terrorism Operations”, is aimed at equipping participants with
requisite knowledge on current and emerging legal trends, as well as issues
associated with human rights in the conduct of internal security operations. It
would also provide an avenue for NAF Legal Officers to meet and interact with
their colleagues from within and outside the Service.
The Acting Chief Justice of Nigeria (CJN), Justice Ibrahim Mohammed was the special
Guest while eminent scholars from within and outside the service presented
seminal papers. The first paper titled “Command and Individual Responsibility
in Counter Terrorism and Counter Insurgency Operations” was delivered by
Professor Dakas CJ Dakas (SAN), the second paper on the topic “Human Rights in
Counter Terrorism and Counter Insurgency Operations” was delivered by Mr Femi
Falana (SAN), while the third on “Rules of Engagement in Counter Terrorism and
Counter Insurgency Operations” was presented by Group Captain Sadeeq Shehu (retd).
Other guests at the event included the representatives of the Attorney-General of the Federation (AGF) and President Nigerian Bar Association (NBA) as well as members of local and international Non-Governmental Organis
ations. Also present were distinguished legal practitioners and scholars such as Mr Robert Clarke (SAN) and Professor Usman Tar, amongst many other eminent personalities and senior military officers, both serving and retired.
While welcoming dignitaries to
the Retreat, the CAS assured all that the actions of the Service would continue
to be guided by the principles of the LOAC which form part of both domestic and
international humanitarian laws that regulate the conduct of armed hostilities.
Air Marshal Abubakar
explained that the operations of the Service are always guided by these
principles including; the justification for involvement, the use of minimum
force, protection of lives and property, recording and keeping of evidence,
timely intervention, domination of Area of Responsibility and cooperation.
According to him, “these principles require that before the NAF is involved in
any operation, it must be sanctioned by appropriate superior authority and,
when deployed, it only applies the use of force when necessary in the
circumstance to ensure safety of lives and property”. He added that the NAF has
continued to work with the civil authorities and other security agencies to
build public confidence and quicken the restoration of normalcy in conflict
situations. “We do all these in conformity with applicable Rules of Engagement
which are in line with international best practice”, he explained. Air Marshal
Abubakar also noted that the NAF had ensured that its field/operations
commanders keep records of actions taken and ensure timely intervention to
prevent unnecessary loss of lives and destruction of property. He
remarked that the NAF had taken proactive steps by establishing secured areas/bases
to operate from in order to enable freedom of action while denying same to the
enemy. The CAS further noted that the NAF, in its non-kinetic role, had carried
out medical outreach programmes in 40 different locations in the country,
including the North East, treating a total of 303,305 patients in the last
three and a half years. He said the Service had also established Level 1
hospitals at Internally Displaced Persons (IDPs) Camps at Dalori and Bama in
Borno State.
Speaking further, Air Marshal Abubakar reiterated that Legal Retreats have
become recurring activities in NAF’s annual Calendar of Events because of the
Service’s realisation that the success of any institution depends largely on
the understanding and application of the laws under which it is established. To
this end, the NAF, he said, has, since 2016, organized annual legal retreats
for its legal officers, fighter pilots and field commanders. According to
him, this year’s edition was particularly unique because the Service had not
only brought together its own legal officers and field commanders as well as
academicians, the diplomatic community and the judiciary under the same roof,
but also had the honour of having the Acting CJN as the Special Guest of
Honour. The CAS maintained that such Retreats were very essential for the
Service given the fast-changing Twenty First Century environment and NAF’s
increasing involvement in quelling one form of crisis or the other. He further
noted that the demand for probity and accountability for military actions or
inactions was on the rise. As a result, “in line with LOAC protocols, we
always ensure that our commanders respect and honour natives, their families,
faith as well as customs. Our field commanders also ensure adequate
coordination of movement of persons to avoid making them casualties in theatres
of operation, while also protecting private property from arson, looting and
theft. In addition, we ensure that commanders and troops do not partake
in illegalities when deployed on operations. As a Service, we know that
the violation of LOAC is a breach of both international laws and the laws of
Nigeria; as such we always endeavour to operate within the confines of LOAC”,
he emphasised.
In his remarks, the acting CJN expressed delight to be invited to the event and
commended the CAS for introducing and consistently organizing the LOAC Retreat
since assuming office. He noted that nothing was more important than acting
within the ambits of the laws in whichever role one finds himself. He
added that the NAF and indeed the entire Armed Forces of Nigeria (AFN), which
were established to serve and be accountable to the Nigerian people, have the
responsibility of adhering to their ROEs in line with the laws as well as
international best practices. He noted that the AFN must accordingly
continue to adhere to the LOACs during military operations. The CJN could not
hide his admiration for the spread of professionals present at the event as the
Retreat brought together distinguished legal luminaries from all over the
Country under a single roof. He noted that this kind of encompassing Retreat
would drive home the point that it is only through cross-agency collaboration
that the collective objective of protecting and defending the populace within
the ambits of the law could be achieved. Justice Tanko added that the
military was very critical to the success of any democracy in the world noting
that Nigerians were indeed appreciative of the sacrifices that the Nigerian
Military was making to keep the Country united. “Our thoughts are with our
Servicemen who have paid the ultimate price in this process. Their
sacrifices will never be in vain”, he said. Accordingly, before departing HQ
NAF, the acting CJN in company of the CAS and other dignitaries visited the NAF
Memorial Arcade, mounted in honour of all aircrew who had made the supreme
sacrifice in the course of duty, to pay their respects.