NAF denies paying bandits N20m for ‘captured’ anti-aircraft gun

 

.SERAP sues Buhari wants court to declare ‘plan to monitor WhatsApp messages illegal’

 

The Nigerian Air Force (NAF) has denied a report by the Wall Street Journal that it paid N20million as ransom to bandits in exchange for an anti-aircraft gun seized from the Nigerian Army.

 

The Wall Street Journal said in a report on Sunday that the NAF brokered the deal as President Muhammadu Buhari was planning a trip to Katsina, his home state.

 

The US media outlet said N20 million was delivered to the bandits in Rugu Forest by a Nigerian Air Force officer, who leaked details of the operation under anonymity, because the military realised that it would be too risky to leave the weapon in the hands of violent criminals operating in an area the presidential jet would fly over.

 

The rugged, lawless jungle that covers parts of Kaduna, Zamfara and the President’s home state of Katsina has served as a vast haven for bandits terrorising Nigeria’s northwestern communities. A large portion of kidnapping plots emanates or terminates in or around the forest, security agencies had previously warned.

 

“The mission to buy back the anti-aircraft gun began with a handoff from a high-ranking air force intelligence officer in the capital Abuja: a black zip-up bag he said was full of 20 million Nigerian naira,” the paper reported, after stating that such military hardware in the hands of bandits “posed a threat to President Muhammadu Buhari, who had been planning to fly to his hometown about 80 miles away.”

 

But the Nigerian Air Foce said it was  a lie, denying making such payment to bandits in exchange for weapons.

 

In a statement on Sunday by the spokesperson, Air Commodore, Edward Gabkwet, said there was no truth in the report.

 

The statement was titled, “NAF DID NOT MAKE ANY PAYMENT TO BANDITS IN EXCHANGE FOR WEAPONS”

 

It read, “The attention of the Nigerian Air Force has been drawn to news reports circulating on some media platforms alleging that the NAF, through one of its personnel, paid the sum of N20 Million to armed bandits operating in Jibia Local Government Area of Katsina State in exchange for an anti-aircraft gun allegedly seized.

 

The report went on to state that the reason behind the payment was to retrieve the anti-aircraft gun which, it alleged, the NAF feared could be used against aircraft operating within Katsina State.

 

“The NAF wishes to categorically state that there is absolutely no iota of truth in the spurious allegation that was undoubtedly designed to cast aspersions on the good image of the Service.

 

“The said report is totally false. It should therefore be taken as fake news and disregarded. Indeed, we ordinarily would not have responded to such baseless and utterly illogical allegation but for the need to set the record straight as well as reaffirm the NAF’s unflinching commitment to decisively dealing with the armed bandits and all other criminal elements *in the Country in partnership with other services of the Armed Forces and other security Agencies.*

 

“For the avoidance of doubt, it must be stated that there is no basis for the NAF to pay bandits or any criminal elements that it has continued to attack and decimate in Katsina State, other parts of the North-West as well as other Theatres of Operation in the Country.

 

“Indeed, as recent as October 12, 2021* , NAF aircraft conducted 5 missions in the Jibia general area and engaged targets with rockets and cannons at Bala Wuta bandits’ locations in Kadaoji.

 

“Similar successes were recorded at Fakai Dutsin Anfare, an area in Jibia LGA known for its high incidences of bandits’ activities. The false reportage therefore, begs the question as to why the NAF would negotiate for a weapon allegedly seized and still carry out air interdiction missions on the same bandits and their strongholds.

 

“The NAF is of the view that, this latest false report could be a part of a campaign to further the cause of insecurity in Nigeria by elements who see the NAF as a threat following series of successful exploits in operations against criminal gangs.”

 

The statement further read, “Perhaps, this provides an avenue for the NAF to yet again appeal to members of the media, local and international, as well as social media, to be circumspect in their reportage and endeavour to always verify their facts before going public. The public is enjoined to disregard the falsehood emanating from some sections of the social and mainstream media.

 

“The NAF also uses this opportunity to call on citizens to continue to cooperate with security agencies as efforts are ongoing to rid the entire Nation of criminals and their activities.

 

“On our part, the NAF, as a professional and disciplined force, will not in any way be discouraged from carrying out its mandate to rid the entire North-West Nigeria of banditry and other forms of criminality. We remain resolute in performing our function and will continue to work in synergy with other sister Services and security agencies to rid the Country of all criminal elements.”

Meanwhile, the Socio-Economic Rights and Accountability Project (SERAP) has filed a lawsuit against President Muhammadu Buhari, asking the court to “declare illegal and unconstitutional the plan by the administration to track, intercept and monitor WhatsApp messages, phone calls, and text messages of Nigerians and other people, as it severely threatens and violates the right to the preservation of privacy.”

 

The suit followed the proposal in the Supplementary Appropriation Act signed in July 2021 to spend N4.87bn to monitor private calls and messages. The amount is part of the N895.8bn supplementary budget approved by the National Assembly.

 

In the suit number FHC/ABJ/CS/1240/2021 filed last Friday at the Federal High Court in Abuja, SERAP is seeking: “an order of perpetual injunction restraining President Buhari and any other authority, persons or group of persons from unlawfully monitoring the WhatsApp messages, phone calls and text messages of Nigerians and other people.”

 

SERAP is also seeking “a declaration that any monitoring of WhatsApp messages, phone calls and text messages is oppressive and draconian, as it threatens and violates sections 37 and 39 of Nigerian Constitution 1999 [as amended]; Article 9 of the African Charter on Human and Peoples’ Rights; and Articles 17 and 19 of International Covenant on Civil and Political Rights, to which Nigeria is a state party.”

 

SERAP is arguing that, “The plan to monitor WhatsApp messages, phone calls and text messages is an arbitrary interference by the administration into respect for family and private life, the home, and correspondence. It also fails to meet the requirements of legality, necessity, and proportionality.”

 

According to SERAP, “The Buhari administration has legal obligations to protect Nigerians and other people against arbitrary interference and violations of their human rights. Monitoring of WhatsApp messages, phone calls and text messages would grant free rein to government agencies to conduct mass surveillance of communications of people.”

 

SERAP is also arguing that, “The mere threat of mass surveillance, even when secret, coupled with the lack of remedy, can constitute an interference with human rights, including the rights to privacy, freedom of expression, peaceful assembly and association.”

 

SERAP is further arguing that, “Privacy and expression are intertwined in the digital age, with online privacy serving as a gateway to secure exercise of the freedom of opinion and expression. Therefore, targets of surveillance would suffer interference with their rights to privacy and freedom of opinion and expression whether the effort to monitor is successful or not.”

 

Joined in the suit as Respondents are Mr Abubakar Malami, SAN, Minister of Justice and Attorney General of the Federation; and Mrs Zainab Ahmed, Minister of Finance, Budget and National Planning.

 

The suit filed on behalf of SERAP by its lawyers Kolawole Oluwadare and Kehinde Oyewumi, read in part: “The powers to conduct arbitrary, abusive or unlawful surveillance of communications may also be used to target political figures and activists, journalists and others in the discharge of their lawful activities.”

 

“Any spending of public funds should stay within the limits of constitutional responsibilities, and oath of office by public officers, as well as comply with Chapter 2 of the Nigerian Constitution relating to fundamental objectives and directive principles of state policy.”

 

“The lack of any safeguards against discriminatory decision-making, and access to an effective remedy shows the grave threats the purported plan poses to constitutionally and internationally recognized human rights.”

 

“Section 37 of the Nigerian Constitution and Article 17 of the International Covenant on Civil and Political Rights provide for the right to freedom from arbitrary or unlawful interference with privacy and correspondence, communications and private data.”

 

“Section 39 of the Nigerian Constitution and Article 19 of the Covenant also guarantee the right of everyone to hold opinions without interference and to seek, receive and impart information and ideas of all kinds, regardless of frontiers and through any media.”

 

“The UN General Assembly has condemned unlawful or arbitrary surveillance and interception of communications as ‘highly intrusive acts’ that interfere with fundamental human rights (see General Assembly resolutions 68/167 and 71/199).”

 

“Interference with privacy through targeted surveillance is designed to repress the exercise of the right to freedom of expression. Surveillance of journalists, activists, opposition figures, critics and others simply exercising their right to freedom of expression – would lead to violations of other human rights.”

 

“Targeted surveillance creates incentives for self-censorship and directly undermines the ability of journalists and human rights defenders to conduct investigations and build and maintain relationships with sources of information.”

 

SERAP is also seeking the following reliefs:

 

1. A DECLARATION that monitoring of WhatsApp messages, phone calls and text messages of Nigerians and other people is inconsistent with the principles of legality, necessity, and proportionality  and amounts to threat and infringement on the rights to private and family life, access to correspondence, and freedom of expression and the press guaranteed under sections 37 and 39 of Nigeria Constitution, 1999; Article 9 of the African Charter on Human and Peoples’ Rights, and Articles 17 and 19 of International Covenant on Civil and Political Rights
2. A DECLARATION that the act of the Defendants budgeting N4.87bn of public money to monitor WhatsApp messages, phone calls and text messages of Nigerians and other people is unlawful and a violation of the rights to private and family life, access to correspondence, and freedom of expression and the press
3. AN ORDER setting aside the budget line of N4.87bn to monitor WhatsApp messages, phone calls and text messages of Nigerians and other people for being inconsistent and incompatible with constitutional provisions, and international human rights treaties
4. AN ORDER mandating the 1^st Respondent to redirect public funds in the sum of N4.87bn budgeted to monitor WhatsApp messages, phone calls and text messages of Nigerians and other people to improve the working conditions of healthcare practitioners and improve public healthcare facilities across Nigeria
5. AND FOR SUCH FURTHER ORDER OR ORDERS that this Honourable Court may deem fit to make in the circumstances.

No date has been fixed for the hearing of the suit.