Apo killings not extra-judicial, says Senate

THE Senate yesterday absolved the security agents that carried out the raid at the Apo Legislative Quarters which led to the death of eight persons suspected to be members of Boko Haram of extra-judicial killing but a hastily executed operation.

The Senate had set up a 20-member Joint Committee on National Security and Intelligence and Judiciary, Human Rights and Legal Matters to investigate the alleged extra-judicial killings of the eight in September 20th by the combined team of soldiers and Department of State Service.

RESCUE OPERATORS EVACUATING REMAINS OF PEOPLE KILLED IN AN UNCOMPLETED BUILDING BY UNKNOWN GUNMEN AT APO ZONE E IN ABUJA ON FRIDAY (20/9/13).

The Joint Committee which was chaired by Senator Mohammed Magoro, PDP, Kebbi South, and retired General in the Nigeria army in its report which was adopted on the floor of the senate said that the operation of security agents at Apo that produced casualties was necessitated by electronic intercepts made by the DSS which indicated plans to attack the Federal Capital Territory, FCT, on 22nd September, 2013.

The report however led to a sharp disagreement between two generals, the Chairman of the Committee, Senator Magoro and Senator Mohammed Saleh, CPC, Kaduna Central who presented what could be said to be a minority report but in contravention of the senate standing order that any dissenting report should be documented and submitted to the senate for debate.

According to the finding of the committee, there were influx of Boko Haram elements into the FCT and its environs that was noticed through various sources including electronic intercepts.

It further stated that, “The security agencies had enough and convincing intelligence to believe that some Boko Haram elements were embedded among the over one hundred dwellers of the uncompleted building at Apo.

“The arrest of Kamal and Adamu (Boko Haram suspects) and intelligence information derived from them while in the custody of the DSS actually confirmed increased activities of Boko Haram terrorists in Abuja the seat of government.

“The categorical and damning evidence given by Kamal and Adamu including the large cache of weapons alleged buried in Gudu cemetery and the presence of members of Boko Haram sect living in uncompleted building made it imperative for the security agencies to take action.”

Senate in its findings said that the security agencies anticipated that the military operations taking place in Borno and Yobe States against Boko Haram would lead to the sect finding other locations for safety and continuation of its operation.

It further stated that, “Mohammed Adamu openly and categorically confessed that he joined the Boko Haram sect and that he often conveyed members to the uncompleted building for meetings three times in a week. During the meetings, he used to serve as a watchman.

“Four arrested suspects in the custody of the DSS have confessed to be Boko Haram members. Those that were either killed or sustained gunshot injuries were those who attempted to run out of the building.”

The Committee also noted that the sect leader, Suleiman Musa was in the building during the raid that killed eight persons as Mohammed Adamu confirmed seeing him though could not be arrested as he slipped away in the confusion that ensued.

“An AK 47 magazine loaded with live ammunition not belonging to the security agencies was recovered from the scene of incidence.

“The owner of the uncompleted building identified as Mr. Adekunle Salisu, confirmed the illegal occupation of the uncompleted building by some persons.

“Majority of the occupants of the uncompleted building cohabited with Boko Haram elements unknowingly. There is a Boko Haram cell in Abuja planning to carry out terrorist activities in the area.

“The death of eight people and wounding of eleven others was not a case of extra-judicial killing but the outcome of hastily executed operation.”

Senate noted that the Apo incidence was an urgent and necessary operation carried out to pre-empt the planned attack on some locations on that day by the insurgents and that a successful operation by the sect in Abuja would have provided far reaching moral boosting to it.

The upper legislative chamber commended the DSS for being proactive in intelligence gathering and urged security agencies to sustain ongoing intelligence/military operations to facilitate identification of the Boko Haram elements the leadership and their operational bases for the purpose of sustaining the clamp down on the insurgents.

Boko Haram operates in C-River, Edo, Rivers, Ogun

The Committee also stated that the Chief of Army Staff, Lt. General Onyeabor Ihejirika in his submission to the committee stated that in the last two months, activities of the Boko Haram sect had spread to other states of the federatin including the FCT as was evident in the arrest of over 50 terrorists in Cross River, Edo, Ogun, Rivers, Sokoto and Zamfara states.

“This relocation, he said was a consequence of the pressure of the military operations on the terrorists in the North East, particularly Borno State where the sect is most active.”

The committee further stated that the COAS testified that a “Nigerian was arrested on 16th August 2013, while attempting to gain access into Niger Barracks and in the course of investigation, the suspect who claimed he was directed by Allah to enter the Barracks was confirmed to be on the spy mission of the Barracks.”

Two Generals at war
After the presentation of the report by Senator Magoro, Senate Salle who was a member of the committee distanced himself from the report and denied having knowledge of the report before it was presented

Saleh, dissociated himself from the report on grounds that the committee deviated from its terms of reference, stressing that said the committee’s mandate was to ascertain whether the military engaged in extra-judicial killing during the operation or not.

He faulted the military operation which led to the killing of eight persons for failure to conform with laid down standards of military tactics during such operations.

He argued that the report failed to state whether those persons killed were members of the Boko Haram or whether their killing was extra-judicial.

“I stand to dissociate myself from this report. This report from the outset digressed from the task given to us.
“The operation that day was irresponsible. It did not take care of civilian safety and did not conform to any known military standard of operation,” he said.

Similarly, Sen. Sahabi Y’au (PDP- Zamfara) also accused the committee of shying away from the issue which was to find out whether those killed had any link with Boko Haram

But Magoro who said that the report was sent to Salle before it was present and that some of the recommendations in the report were made by said, said, “I stand before you with a heavy heart in the sence that a member of the Committee did not get a copy of the committee report, it was given to him.”

Senate Leader, Victor Ndoma-Egba who said he was speaking as a senator from Cross River Central said the comments of Salle amounted to ambushing the senate as he was a member of the committee.