26 NGOs demand prosecution of ‘negligent’ officers involved in accidental bombing of Kaduna village

At least 26 non governmental organisation have demanded the prosecution of all the army officers involved in the accidental bombing of villagers in Kaduna which resulted in the death of more than 85 persons, majority of whom are women and children.

The NGOs made the demand on the platform of the Action Group on Free Civic Space (AGFCS), in a statement titled: “COUNTERINSURGENCY OPERATIONAL FAILURE IN KADUNA: GUARDIAN OR THREATS TO CIVILIAN POPULACE?”

 In the statement on Tuesday, AGFCS said it expresses deep dismay and unequivocally condemns the “accidental bombing” that resulted in the tragic death of at least 85 people who were celebrating the Islamic event of Maulud in Tudun Biri, a village in the Igabi Local Government Area of Kaduna State. 

The statement reads: “This incident occurred on Sunday, November 3, 2023, and has been officially confirmed by the National Emergency Management Agency. The military has acknowledged responsibility for the operation that resulted in the loss of innocent civilian lives, yet there is no mention of measures aimed at providing closure for the victims and their families or preventing a recurrence of such incidents in the future.

“This regrettable and avoidable incident is part of a concerning pattern of negligence in counterinsurgency efforts and a disturbing lack of accountability within the military. 

“Similar occurrences have been observed in Borno in 2017, resulting in 52 fatalities and 120 injuries, and in Katsina in 2022, with a casualty and 13 injuries. 

“More recently, in January 2023, 36 people lost their lives, and 6 others were injured in Kwatiri, a small settlement in Nasarawa, in a similar incident. The issue of military negligence has led to the needless loss of lives and properties, leaving many dead, injured, and displaced. Unfortunately, there is no publicly available documentation of investigations, court-martials, or prosecutions related to these acts.

“The bombing of innocent civilians in Tudun Biri not only violates the military’s responsibility to protect civilians in armed conflict but is also a heinous and cold-blooded murder of innocent lives. The Chief of Army Staff and the Defence Headquarters must take immediate action to address the escalating number of civilian casualties in counterinsurgency measures. AGFCS emphasizes that accountability is crucial to prevent the recurrence of such tragic incidents. It not only provides closure for the victims and their families but also serves as a deterrent against future instances of gross negligence.

“Furthermore, The Terrorism (Prevention and Prohibition) Act 2022 stipulates compensation for victims in situations like the one in Tudun Biri. Section 91 of the Act establishes the Terrorism Victims Trust Fund, which is designated to pay compensation, restitution, and damages to victims of acts of terrorism. This aligns with Nigeria’s obligations under various international and regional instruments, including the International Covenant on Civil and Political Rights, the African Charter on Human and Peoples’ Rights, and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, all of which recognize the right to compensation and reparation for victims of terrorism.

“The AGFCS, fully committed to pursuing justice in this case, calls for the following:The government should urgently establish a framework for the protection of civilians and mitigation of civilian casualties in armed conflicts. The absence of such a framework at the national level affects the rules of engagement deployed in various operational theatres.

“A thorough investigation into the Kaduna incident, with a public presentation of the report and the prosecution of all officers involved.

“Compensation should be paid with a public apology, alongside social and economic rehabilitation for victims of these heinous crimes.

“An immediate operational evaluation of the platforms and the entire army aviation involved in this operation.

“An immediate suspension of army aviation operations until an evaluation report by the Defense Headquarters recommends otherwise.”