New Telegraph

Concerns Over Recurring Cases of Accidental Killings in Military Operations

FRANCIS IWUCHUKWU writes that lawyers have stressed the need for accurate intelligence in military operations against bandits and insurgents in order to curb the unending cases of accidental killing of civilians

S ome senior lawyers have expressed serious concerns over the continued spate of civilian killings propelled by military airstrikes across the country. While baring their minds on the development, the legal pundits made a request for what they termed sanctions against everyone found culpable in the unfortunate incidents.

It would be recalled that on January 10, 2025, no fewer than 16 residents were reportedly killed after a military air strike tore through Tungar Kara community in Maradun Local Government Area of Zamfara state.

Quoting intelligence sources, Zagazola Makama, a counter-insurgency publication focused on the Lake Chad region, revealed that the victims including members of the Zamfara Community Protection Guard (ZCPG), vigilantes, and residents of the community were called to respond to the incursion of gunmen.

According to the report, “The vigilantes were mistaken for bandits, shortly after the bandits had fled the scene. “So far, 16 dead bodies have been retrieved, but the total number of casualties is not yet clear”.

Before the January 10 incident, the NAF had on December 25, 2024, carried out an airstrike with many civilians feared dead and several others injured. The airstrikes affected residents of Gidan Sama and Rumtuwa communities in the Silame local government area of the northwestern Sokoto State.

Sources said the communities are located near Surame Forest, a known hideout for armed gang known as bandits. Confirming the incident, the Director of Public Relations and Information, Nigerian Air Force (NAF) headquarters, Olusola Akinboyewa, revealed that an investigation would be conducted to determine the actual number of victims. “The airstrikes were conducted based on credible intelligence from multiple sources, along with confirmatory aerial surveillance.

“Nevertheless, reports of possible harm to civilians will be thoroughly investigated,” he said. Akinboyewa, through a statement, maintained that, “a devastatingly well-coordinated air-ground assault executed on 10th January, 2025 through Operation Fansan Yamma, delivered a crushing blow to banditry in Zamfara state.

“Local intelligence reports confirmed that the bandits, loyal to notorious leader Kachallah Bello Turji, suffered heavy casualties. “Scores of bandits were neutralized, while many others, including some top commanders, sustained varying degrees of injuries. “Sequel to the fierce engagement, Kachallah Turji’s whereabouts remain unknown, adding further pressure on his crumbling network.

“The operation was meticulously executed, with real-time coordination from an Intelligence Surveillance and Reconnaissance platform overhead, ensuring accurate target correlation. “The identified targets were swiftly engaged using rockets and cannons in multiple passes, delivering devastating blows to the enemy. “The aircrew maintained visual and radio contact with the ground troops.

Military should take advantage of what is available by way of technology to avoid such a sad occurrence

The bandits, in a desperate bid to escape, were observed fleeing eastward of the hill, prompting further engagements that successfully neutralized additional targets”. The statement added that residents of Zamfara communities hailed NAF’s operations against bandits. “This resounding success has been met with widespread celebrations from locals in Zamfara state, who expressed relief and gratitude for the operation’s positive impact.

In a heartening outcome, several kidnapped victims were also freed, bringing hope to many families affected by the banditry. “The Nigerian Air Force has reiterated its unwavering commitment to coordinating with ground forces to eradicate all forms of criminality in the country. “Together, we will defeat all enemies militating against the security of our territories and wellbeing of our people, paving the way for the peace and prosperity of our Great Nation”

NAF probe begins

In the meantime, the Nigerian Air Force (NAF) has admitted that the operation carried out by the Air component of Operation Fansan Yamma affected the Tungar Kara community in Maradun Local Government Area of Zamfara State. The admission came during an on-the-spot assessment carried out by the Fact-Finding Team.

The leader of the Fact-Finding Team, Air Vice Marshal Edward Gabkwet, who led other members of the team to the affected community explained that they had noted the point of impact of the bullet on the wall and ground within the community.

Gabkwet insisted that this underscored the sincerity, transparency, and accountability of purpose, which the Chief of Air Staff, Air Marshal Hassan Abubakar had exhibited, and that he had been troubled since he got information of the unfortunate incident. “At least 16 community members were reportedly killed in a military air raid in Tungar Kara, after a pilot mistook local selfdefence forces for criminal gangs.

“Residents had mobilised from several neighbouring villages to confront gunmen who had attacked Dangebe village in Zurmi district, carting away livestock and burning homes. “Reports say the group was returning to their villages after chasing away the bandits who attacked Dangebe when the fighter jet bombed them on reaching Tungar Kara village,” he said.

Air Vice Marshall Gabkwet equally stated that there was the need to take responsibility for such an unfortunate incident and show empathy to the affected people in line with the international humanitarian law, as well as to build trust with the people. He mentioned that the NAF would conduct what he termed a forensic analysis of the evidence to come up with useful information that would help the Chief of Air Staff make informed decisions about the unfortunate incident.

Incidents of accidental killings Zamfara

In December 2022, a military airstrike claimed scores of civilian lives while soldiers were repelling attacks by non-state actors on some communities in Dansadau District of Maru Local Government Area of Zamfara State.

It was the insistence of residents that armed bandits had targeted Malele, Yan Sawayu, Yan Awaki Maigoge, and Ruwan Tofa communities before the attacks were foiled by the air raids which forced the rampaging gunmen to flee into the neighbouring Mutunji community for safety.

Unfortunately, the terrorists were not the only victims of the air raid in Mutunji. Civilians, including women and children, were also killed. According to the community leader of Mutunji, Umar Mutunji, the civilian casualties were over 70.

Katsina

In Katsina State, at least six people were reportedly killed by an Air Force jet in the Kunkunna community of Safana Local Government of the state in July 2022.

The victims of Katsina attack were hit by bombs targeted at bandits. Confirming the incident, AbdulJalal Runka, the lawmaker representing Safana Constituency at the Katsina State House of Assembly, revealed that a woman was killed by the bomb, while 14 other people were injured in the attack.

“Eight persons were admitted at the Umaru Musa Yar’adua University Teaching Hospital (formerly Federal Medical Centre Katsina)”, the lawmaker said.

Niger

Six children were killed when a Nigerian Air Force jet bombed their residence in Kurebe, Shiroro Local Government of Niger State in April 2022. Sadly, the parents of two of the six children who were killed in the airstrike were killed by bandits in 2020.

Spokesperson of the Coalition of Shiroro Association (COSA), Salis Sabo, revealed that the incident took place in the morning of Wednesday, April 13, as the children were returning from a motorised borehole in the community where they had gone to fetch water.

“The two other children who lost their lives in the incidents have for long-lost their parents. One of them is a daughter of the late Malam Isah Kurebe and the other is a daughter of the late Malam Adamu Kurebe, who was killed by terrorists”, Sabo said.

Borno

In the case of Borno State, and specifically in January 2017, the Medecins Sans Frontieres (MSF) also known as Doctors Without Borders, confirmed that at least 52 people were killed after a Nigerian fighter jet ‘accidentally’ dropped a bomb on an Internally Displaced Persons (IDP), camp in Rann, headquarters of Kala-Balge local government area, Borno State.

The international humanitarian organisation equally stated that another 120 people were injured in the incident. As a result of the attack, Jean-Clément Cabrol, the MSF’s Director of Operations, said:

“This large-scale attack on vulnerable people who have already fled from extreme violence is shocking and unacceptable. “The safety of civilians must be respected. We are urgently calling on all parties to ensure bomb victims, the facilitation of medical evacuations by air or road for survivors, while in need of emergency care”.

Coalition fumes

Piqued by the incidents, a group, the Community of Practice Against Mass Atrocities, under the auspices of Nigeria Mourns, expressed its displeasure and outrage over what it describes as the avoidable and tragic incidents.

The group noted that these tragic events are a strong reminder of the human cost of negligence and the urgent need for accountability. Specifically, the coalition held that between February 2014 and 2024, 21 air strikes by the Nigeria Air Force erroneously killed 473 civilians and injured several others.

The coalition includes Global Rights, Advocacy Centre for Development (AC4D), endorsed African Initiative for Peace Building, Advocacy, and Advancement (AfriPeace), All-4-One Humanity Development Foundation, Alliances for Africa, Almajiri Child Rights Initiative (ACRI), Bauchi Human Rights Network, Center for Community Excellence, Civil Society Legislative and Advocacy Centre (CISLAC), Grassroots Development Monitoring and Advocacy Centre Initiatives for Social Development among others.

The coalition insisted that since February 2014, when a Nigerian military aircraft bombed Daglun Village in Borno State, killing at least 20 people, similar “erroneous” incidents have occurred in at least 21 airstrikes, resulting in the deaths of more than 473 civilians and injuring several others.

They maintained that these tragic incidents, which have all occurred in established indigenous communities and recognized IDP camps, suggest a disregard for the right to life and a troubling pattern of negligence within the Nigerian military.

The coalition said: “It is disconcerting that the military continues to explain away these incidents as unavoidable “collateral damage” in their fight against terrorism, perpetuating a cycle of impunity and indifference.

“Even when public outrage forces an admission of responsibility, as seen in the Tundun Biri incident in Kaduna in December 2023, meaningful accountability and reparative actions remain absent. “Rather than be accountable, the military routinely denies culpability, often claiming that only security threats were neutralized. Under public pressure, it promises investigations, which rarely lead to actionable outcomes.

When admissions of errors eventually surface, there is no concrete plan to prevent future tragedies or to provide compensation and rehabilitation for those affected by these horrific violations of human rights”. They posited that the 22 accidental airstrikes highlight the critical need for an immediate review of civilian safety protocols, aviation equipment standards, intelligence systems, proportionality in the use of force, and the retraining of bomber pilots.

The coalition stressed that the findings from these investigations must be published and accessible to the public promptly to promote transparency and rebuild public trust. They tasked the Nigerian military to carry out a review of its operation protocols to enhance intelligence gathering, improve precision in targeting, and minimize civilian casualties during military operations.

The coalition also called on the National Human Rights Commission (NHRC) to leverage its authority to demand accountability and justice for affected individuals, including ensuring equitable compensation and rehabilitation for victims and their families to help them recover from the profound loss and devastation.

Lawyers speak

Speaking on how to end ‘incessant airstrike errors’ in military operations against bandits and terrorists, a former President of the Nigerian Bar Association (NBA), Dr Olisa Agbakoba, emphasized that Nigeria’s persistent insecurity issues, including the problem of ‘incessant airstrike errors’ in military operations, cannot be resolved through military means alone. He advocated for dialogue and political solutions, saying, “we are not going to win the insurgency war by military option; we are going to win the problem of insurgency and insecurity by discussion”.

Military should strengthen its intelligence unit for the attainment of credible information

Agbakoba added that by fostering dialogue and understanding, the government can develop comprehensive strategies that minimize reliance on military force and reduce the likelihood of tragic errors during operations. On his part, Chief Mike Ahamba (SAN) stressed the importance of accurate intelligence in military operations to prevent errors such as inadvertent airstrikes on civilians.

While advocating for the military to enhance its intelligence-gathering capabilities and ensure that all information is thoroughly verified before any action is taken, Chief Ahamba insisted that the military should collaborate closely with local communities to gain better insights into the areas of operation, thereby reducing the likelihood of mistakes.

He also called for increased accountability within the military to address any lapses that lead to such errors. A law Professor, Awa Kalu (SAN), who frowned at the development also asked the military to strengthen its intelligence unit to ensure that their sources of information are credible. In his words: “If you get unreliable information, and you rely on it, this type of situation or circumstances will inevitably arise.

Their sources must be credible. Uniformed organisations rely on sources which turn out to be critical intelligence. “If it fails, the consequences are there. So, I think they should test their intelligence before they act on it”. In his submissions, Dr Abiodun Layonu (SAN) while commiserating with the victims and families of those that died, described the incident as the fallout of human failure.

“It was an error of human intervention, and it shows a default or deficiency in adopting and spending money on appropriate technological advancement. “If the military had advanced technology and appropriate one for that matter, they would have been able to calibrate the equipment properly to know the exact spot or the place where they are dropping their bomb.

“They had no intention of bombing civilians, I do not think it was a deliberate action, clearly they were after terrorists, and they must have been misguided or misconstrued their position as to have dropped the bombs in a wrong place,” he posited. Dr Layonu called on the military to take advantage of what is available by way of technology to be able to avoid such a sad occurrence.

“It has happened before, but one must commend the NAF for embarking on an investigation to enable the Chief of Air Staff to come up with an informed position. For Olalekan Ojo (SAN), the Nigerian Armed Forces (NAF) should consider using drones that could give accurate capturing of their target locations, just as he called for proper training of operators of such drones.

Ojo said: “There is no gainsaying the fact that it was a monumental tragedy and no stone should be left unturned to unravel the cause or causes of that unfortunate incident, and should it be found out that what happened was due to human error, my advice is that appropriate sanction should be imposed. “Indeed, what happened in my view, goes beyond compensation.

If it was due to human error, attributed to negligence or recklessness on the part of the personnel involved, they should be charged to court for involuntary manslaughter. “So, when those operators know that any recklessness or negligence on their part might lead to their being charged before a court of law for involuntary manslaughter, they would be much more careful”.

Ojo called on the Federal Government (FG) and the Armed Forces to ensure that upon the conclusion of their investigation, the affected personnel are made to face the law. Another senior lawyer, Imran Ganiu, suggested that the purported accidental bombing of residents in the affected areas with several others in critical conditions is nothing but an act of pure professional negligence and carelessness on the part of the Nigerian Airforce.

“Except the top echelons of the appropriate authority are vicariously liable and are made to face the consequences for the negligent acts of their junior officers (the same way they took glory for their positive performance) this gruesome, unwarranted and avoidable killings of innocent Nigerians as a result of carelessness on the part of the affected officers will continue.

“If severe punitive sanctions were meted out to the concerned officers who were responsible for the negligent bombing which also killed several innocent Nigerians, the recent negligent bombing would have been professionally averted and contained.

“Secondly, there must be adequate punitive compensation for the victims. If the government of Nigeria is also made to pay billions of naira in damages to the victims, it will also put some kind of checkmate on the lackadaisical attitude of the Nigerian military. “Finally, the Human Rights Commission is also statutorily empowered to investigate and fight for the victims”.

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