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Lawyer Urges Balance Between Military Operations, Human Rights Protection

The Vice-Chairman of the Nigerian Bar Association (NBA), Enugu State Chapter, Barr. Nnamdi Aneke, has called for stronger safeguards to protect civilian rights during military operations across the country.

Speaking on Matters of the Moment, a Sunrise 96.1 FM programme,  monitored by ENUGUDAILY, Aneke highlighted the delicate balance between national security and respect for fundamental human rights amid rising internal security challenges.

Addressing the topic “Military Operations and Civil/Human Rights in Nigeria: The Thin Line and Fostering Mutual Understanding and Support”, Aneke explained that the proliferation of non-state actors—armed groups operating outside government control—has forced the military into roles traditionally reserved for the police.

“The military is trained for external combat, but the war has now come inside, among civilians,” he said.

“They are trying to strike a balance between protecting citizens and confronting insurgents who often use civilians as human shields.”

He warned that this shift often leads to friction and breaches of rights, including the right to life, personal liberty, and human dignity.

Citing incidents where entire communities were allegedly razed in retaliation for the killing of a soldier, Aneke condemned extrajudicial killings and prolonged detentions without trial.

“The Constitution does not allow arbitrary deprivation of life or indefinite detention. Even if a prima facie case exists, suspects should be investigated and handed over to the police for prosecution, not kept endlessly in military custody,” he stressed.

On what victims can do when their rights are violated, Aneke advised reporting to the military as a first step and approaching the courts for enforcement of fundamental human rights if redress is not provided.

“Fundamental rights are enshrined in Chapter Four of the 1999 Constitution. They are not absolute but must not be breached without legal justification,” he explained.

While commending recent efforts by the Nigerian Army to improve civil-military relations through human rights seminars and retraining, Aneke urged further measures such as regular town hall meetings with local leaders and the creation of human rights desks in local government areas to facilitate communication and complaints.

“Such structures will bring the military closer to the people and help minimize collateral damage during operations,” he said.

Aneke also addressed concerns of alleged marginalization in military recruitment from the South-East, noting that the army recently called for more applications from the region and promised fair treatment.

He encouraged qualified youths to apply, while urging the military to uphold transparency and merit in its recruitment process.

Acknowledging the challenges soldiers face during high-risk operations, Aneke emphasized that professionalism remains key to minimizing civilian casualties.

“The civilians are what the military is meant to protect. With proper intelligence and training, operations can be executed with minimal or no loss of innocent lives,” he concluded.

His remarks come as Nigeria continues to grapple with insurgency, banditry, and other internal security crises, where the tension between military necessity and human rights remains a pressing national concern.

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