Nigerian soldiers

The Nigerian Army has  warned campaigners for secession such as Indigenous People of Biafra and Boko Haram  that it has a constitutional duty to smash them when ordered by the President.

The warning was contained in a statement issued today by the acting Director of Army Public Relations, Col. Sani Usman, in which he also warned the public against making unguarded utterances about its conduct in internal security operations.

It said commanders and troops involved in such operations were guided by the Nigerian Army Code of Conduct and Rules of Engagement for Internal Security Operations in aid of civil authority.

The statement said it was necessary to remind the public, and indeed, military personnel about the existence of such regulations to avoid any violations.

It noted the Constitution of the Federal Republic of Nigeria provides that the Armed Forces of Nigeria shall suppress insurrection and act in aid of civil authority to restore order when called upon to do so by the president.

The Army said the provision had been reinforced by the Armed Forces Act of 2004 which justified the use of necessary force by troops to contain crisis resulting in deaths, injury and damage to property.

“The Nigerian Army would like to send an unequivocal warning to all and sundry, more specifically to all those threatening and agitating for the dismemberment of the country,’’ the statement said.

It identified such persons as those “ committing treasonable felony and arson, as well as wanton destruction of lives and properties’’ and added: “once deployed, we shall apply the rules of engagement to the letter.

“It is, however, hoped that such circumstances would not arise that we should be deployed on such operations, because, let nobody make any mistake, within the ambit of the law, we shall apply the rules to the fullest.

“The public is hereby informed that officers and soldiers have been warned not to take sides in any conflict and if found wanting would face the consequences of their actions.’’

It said that “any officer or soldier found aiding or abetting any act of arson, vandalism or unprofessional conduct, would be severely dealt with according to the extant laws.’’

The Army said all its operations would continue to be guided by the rules and stressed that it was inexcusable for troops to stand aside and watch security situation deteriorate.

The statement said troops were duty bound to intervene in any situation to avoid a breakdown in peace, stability or law and order of an area where they were deployed to.

It said such intervention should, however, be based strictly on sound judgement and within the ambit of the Code of Conduct for Operations while exhibiting good professional ethics.

“For the avoidance of doubt, the rules of engagement for Operation MESA and other internal security operations are as follows:

“ Principle of minimum force and proportionality must be applied at all times.

“Whenever operational situation permits, every reasonable effort shall be made to control the situation through measures short of using force, including personal contact and negotiations.

“The use of lethal force shall only be resorted to if all other means to control the situation have failed or in case of unexpected attack or suspected Improvised Explosive Device attack during which a delay could lead to loss of life or serious injury to personnel.

“ Any force applied must be limited in its intensity and duration; it must also be commensurate with the level of threat posed.

“ Force shall be used only when absolutely necessary to achieve an immediate aim.

“The decision to open fire shall be made only on orders and under the control of on-scene commander, unless there is insufficient time to obtain such order.’’

The statement added that “fire can, however, be opened if the life of a soldier, any law abiding member of the public and/or property of which it is our duty to protect is in grave danger.

“ Fire must be aimed and controlled. Indiscriminate firing is not permitted.

“Fire may be opened to forcefully stop any vehicle that fails to stop at a checkpoint or road block when ordered to stop for search.

“ Automatic fire will only be opened as a last resort and collateral damage must be avoided.

“After fire has ceased, render medical assistance and record details of incident both in writing and using audio/visual equipment whether or not casualty has been recorded.

“Whenever in doubt, seek clarification from higher headquarters.’’