(Photo credit:Leadership)The Nigerian Army appears to be tackling the raging issues of mutiny and other offences head-on as 283 soldiers are now on trial in Abuja and Jos for the offence and other related acts incompatible with their profession.
In Abuja, 15 army officers and 82 soldiers were yesterday arraigned before a newly inaugurated general court-martial at the Army Headquarters Garrison Conference room for allegedly committing offences such as mutiny, assault, absence without leave, burglary and other related offences.
This confirmed our story in the last edition of LEADERSHIP SUNDAY that there were speculations that more than 60 soldiers would face another general court-martial.
The president of the first general court-martial, Brig-Gen. Chukwuemeka Okonkwo, had on September 15, 2014, sentenced 12 of the 18 soldiers charged with mutiny to death by firing squad, while one was sentenced to 28 days imprisonment with hard labour. Five others were set free.
After the ruling, Okonkwo said that “these sentences are subject to confirmation”, meaning that they can be appealed at the Court of Appeal.
But unlike the first trial which was not open to the media until the day of judgement, this one was publicized from the beginning, starting with from the inauguration of the trial team.
That accounts for why the likes of human rights lawyer Femi Falana, SAN, has led other attorneys to defend some of the accused and insisted on the right of every suspect to be considered innocent until proved otherwise in line with the provisions of Section 35 (5) of the 1999 Constitution, a demand the court-martial president, Brig-Gen. Musa Sani Yusuf, acceded to.
In his inaugural address, he said, “From the record made available by the prosecution, a total of 97 accused persons are listed for trial by this general court-martial (GCM) for various offences. The offences for the purpose of this trial could be conveniently categorised into mutiny, assault, absence without leave (AWOL), house breaking, conduct prejudicial to good orders and service discipline, offences relating to service property among others with a total of 97 accused persons involved.”
Speaking further, he said, “Let me assure you that the GCM will base its decisions and findings only on the facts presented before it. In other words, this court will not give room for, or be influenced by, any extraneous matter which is not presented before this court.
“In consonance with the desire of this GSM to do justice in this case, we shall take cognizance of the postulation of Justice Oputa of the Supreme Court (JSC) – that justice is a three- way traffic; that is, ‘justice for the accused persons, justice for the victim and justice for the state’. We intend to painstakingly listen to all evidence that will be brought before this court to ensure that no innocent person is convicted, as it is better for nine persons to go free than for one innocent person to suffer.”
He urged the defence lawyers to assist the tribunal in its intention “to conduct and conclude this case without undue or unnecessary delay.”
There was a mild drama shortly before the inauguration of the court over whether the judge advocate Lt.-Col. Ukpe Ukpe was qualified to be involved since he is an assistant director in the Legal Department at the Army Garrison Headquarters.
According to the Section 134 (2) of the Armed Forces Act of the Federation, the accused persons could object to the membership of the GCM if any of the members is a commanding officer or commander where the offence was committed, or was involved in the investigation of the accused, or gave advice in filing the charges against the accused.
Some of the lawyers wanted to know if, as an assistant director in the Legal Department, he was not involved in drafting the charges, a question he refused to answer, arguing instead that he was not on trial.
The attempt made by the prosecution team to rescue him by saying there was a specialized section of the army called Military Police which investigates and draws up charges, since they had competent lawyers, could not solve the riddle.
In the end he denied ever participating in one way or the other and asked the accused to disclose if he had ever been either their commander or involved in their investigation.
But the defence lawyers said they would bring it up if they find any evidence that contradicts his claim.
However, speaking with journalists after the inauguration, the president, Brigadier General Yusuf explained that the judge advocate was serving at the Army Garrison Headquarters in Abuja when all the accused committed the various offences in Army 7 Division in Maiduguri.
In his own remark, Falana said the defence lawyers had absolute trust in the court’s president and expressed hope that the accused would be accorded all their due rights according to the law.
One of the accused, Lt.-Col. S. S. Tilawan, who wanted a bail, was told to wait for the ruling over the oral application made by his lawyer on October 15, when the court resumes hearing. He complained about the poor accommodation provided for him at one of the Officers’ Mess and wanted to be coming from home for the trial.
Meanwhile, no fewer than 186 officers and soldiers are facing a similar trial in Jos, Plateau State over similar offences. Jos was chosen because of its proximity to the northeast where they allegedly committed the offences.
This was disclosed by a lawyers, Barrister Johnson Oyewole, who is defending one of the officers in Abuja.
LEADERSHIP Friday recalls that the chief of army staff, Lt.-Gen Kenneth Minimah, had publicly declared his intention to cleanse the army of officers and soldiers who had become liabilities to the establishment with a view to sanitising the system.
Shekau Was Killed in Konduga – DHQ
The Nigerian military has reacted to a new video purportedly released by Abubakar Shekau wherein he tried to deny that he was killed during a battle in Konduga, Borno State, on September 17.
Military authorities insist that Bashir Mohammed, who posed as Abubakar Shekau, was actually eliminated and corroborated the claim with still photographs and video evidence.
They also cited positive identification by surrendering and captured terrorists, adding that “the video did not make any reference to anything that has happened since the impostor’s reported death.”
They explained that the fighter jet the sect claimed it shot down had been missing before Shekau’s death.
The military’s reaction was contained in a short statement posted on defence information blog, defenceinfo.mil.ng.
Checks conducted show the anger by the military hierarchy at the propensity of some news media, especially foreign-based ones, to fall for the antics of Boko Haram propaganda, despite glaring evidence shown in still and video photographs, coupled with oral testimonies of captured terrorists that Bashir Mohammed, alias Abubakar Shekau, was dead.
A top military officer said that the new video purportedly released by “Abubakar Shekau” was still being carefully studied. He, however, urged Nigerians to continue to have confidence in the ability of their military to contain terrorism in parts of the country and keep strict vigilance on their environment so as to report suspicious activities to appropriate authorities.
The Defence Headquarters said: “From immediate observation and what some online news outlets claimed to have seen, the video did not indicate when it was shot; neither did it show any proof of life or currency such as screen time or date. The video also did not make any reference to anything that has happened since the impostor’s reported death.
“It is also noteworthy that the air plane said to be mentioned in the video had been missing before he was killed. It should not surprise anybody if the terrorists decide to manipulate pictures, clone another Shekau or upload a pre-recorded video all in a bid to prove invincible.
“The individual claiming to be the leader of the terrorist group was killed in the Kodunga battle in September. The resemblance of the corpse and that of the eccentric character was incontrovertible. His identity was equally corroborated by people who knew him before we announced his death,” said the spokesman.
I’m alive, Shekau claims in latest video
A new video released of the Boko Haram leader yesterday claiming that he was alive and well had left Nigerians and the rest of the world in confusion.
In the video, Shekau said the militants had implemented strict Islamic law in captured towns in the northeast.
“Here I am, alive. I will only die the day Allah takes my breath,” Shekau said, adding that his group was “running our… Islamic caliphate” and administering strict Sharia punishments.
The 36-minute video showed Shekau, in combat fatigues and black rubber boots, standing on the back of a pick-up truck and firing an anti-aircraft gun into the air.
Standing in front of three camouflaged vans and flanked by four heavily armed, masked fighters, Shekau spoke for 16 minutes in Arabic and the Hausa languages.
There was no indication of where or when the video was shot.
The heavily bearded Shekau said the military’s claim that he was dead was propaganda.
“Nothing will kill me until my days are over… I’m still alive. It is propaganda that is prevalent. I’m the Islamic student whose seminary you burnt… I’m not dead,” he added, apparently referring to the destruction of the group’s mosque in Maiduguri, Borno State capital, in 2009.
But the military says nothing in the new video shows it was taken after his death in the Konduga battle.
In August 2013, the Nigeria military had claimed that Shekau might have died between July 25 and August 3 of bullet wounds sustained on June 30, 2013, during a battle with troops at a Boko Haram camp at Sambisa Forest. He was allegedly sneaked into Amitchide, a border community in Cameroon, for treatment where he later died.
However, they were no videos or photographic evidence to back up this claim.
Shekau was also said to have been killed during the shootout between the military and the sect between July 25 and July 30, 2009, prior to the capture and death of the then sect’s founder Mohammed Yusuf, following Yusuf’s escape attempt from prison. Security forces had fought their way into a mosque occupied by the terrorist group where more than 700 people were killed in the ensuing confrontation at Potiskum.
Sallah: Again, military slams 48-hour ban on vehicular movement in Maiduguri
Military authorities in Borno State yesterday placed a 48-hour ban on all vehicular movement in Maiduguri, the Borno State capital, as a measure to prevent any possible attack on the city by Boko Haram terrorists.
The decision to impose the curfew came after a security council meeting the governor had with all security chiefs, with the Shehu of Borno, His Royal Highness, Abubakar Garbai ibn Elkanemi, in attendance at Government House, Maiduguri.
It was feared that the Boko Haram terrorists, just as they had planned during the Eid-ul Fitri celebration, might want to attack the city using vehicle laden with explosive devices during Sunday’s Eid-ul Kabir celebration.
In a statement signed and issued by the deputy director, Defence Information, Colonel Sani Usman, the military said the restrictions on vehicular movement would commence on Friday by 5pm and end at 7pm on Sunday, October 5.
The statement said all persons, except those on essential services, must comply with strict adherence as violators would be dealt with decisively.
Colonel Usman assured the residents of the division’s commitment to protect lives and property during and after the expiration of the 48-hour restriction.
Though the ban left the residents unhappy, most of them said they had already preempted the development and had since Monday commenced panic purchase of items needed for Eid celebration. ATM galleries at various banks were swarmed by residents who rushed to make withdrawals.
Shekau: Jonathan, security chiefs hold five-hour meeting
Apparently rattled by a new video released by Boko Haram leader, Abubakar Shekau, President Goodluck Jonathan yesterday held a closed-door meeting with all the service chiefs and the security chiefs in the country.
Although details of the meeting which lasted for over five hours in the president’s office were not disclosed, LEADERSHIP FRIDAY gathered that the president demanded explanation from the security chief as to why Shekau would always resurface after every announcement that he was dead, a trend, he said, undermined Nigeria in the eyes of the international community.
“The group in their new video also showed what it alleged to be footages of the missing military jet. This is also another source of concern for Mr. President. He feels this was the highest level of affront on the entire security apparatus of the country,” the source who spoke on condition of anonymity added.
List of the soldiers standing trial before the newly inaugurated General Court Martial (GCM)
1. Lt Col SS Tilawan (NIl0371)
2 . Lt Col DB Danzang (N/10414)
3. Lt Col rc Ogamanya (Nil 0486)
4. Lt Col SU Abubakar (10489)
5. Maj II Sakaba (Nil 0744)
6. Capt M Hamadikko (N/11565)
7. Capt Z Alhaj i (Nil 2086)
8. Capt MB Abdullahi (N1l2965)
9. Capt SY Musa (NIl3106)
10. Lt T Garba (NIl3311)
11. Lt F Ogunleke (Nil 3598)
12. Lt A Abdullahi (Nil 3657)
13. Lt TM Okoro (Nil 3674)
14. Lt D Wunuji (NIl3685)
15. 2Lt JM Uweh (N/I5] 73)
16. 79NAIl 085 WO Benedict Okoye
17. 93NA/35/2720 Sgt Oladipo SOLOMON
18. 93NA/36/2171 Cpl Mustapha BANDADO
19. 93NA/37/0460 Cpl Andrew OGOLEKWU
20. 03NA/53/0460 Cpl Saturday EFA
21. 96NA/4114443 Cpi Usman Mohammed
22. 96NA/43/9321 LCpl Henry SHAIBU
23. 96NA/43/9661 LCpl James MAIFADA
24. 97NA/45/6334 Cpl Daniel JOSHUA
25. 97NA/45/6984 LCpl Ndubisi SABESTINE
26. 99NA/48/1485 LCpl Dauda DALHA TU
27. 99NA/4811173 LCpl Aliyu AHMED
28. 02NA/52/5032 LCpl Kasega AOSO
29. 02NA/51/1373 LCpl Bankole TAIWO
30. 02NA/52/3700 LCpl Ochehepo SULE
3l. 03NA/53/1318 LCpl Ayodele OLA WOLE
32. 03NA/54/4838 LCpl Isaiah OLOFU
33. 03NA/53/2] 56 LCpl Ibrahim YAHANA
34. 04NA/551l833 LCpl Mallam JACOB
35. 04NA/5511563 LCpl Nwonu FRIDAY
RESTRICTED
36. 04NA/55/0580 LCpl YusufHABU
37. 05NA/56/1758 Pte Chindo JULIUS
38. 05NA/57/3386 LCpl Joshua FRIDAY
39. 05NA/5611865 LCpl Gbenga ADEBA YO
40. 08NA/6111574 LCpl Ali ABDULLAHI
41. 09NA/63/3987 LCpl Abubakar IBRAHIM
42. 09NA/63/2347 LCpl Anthony SIMEON
43. 1 INA/66/l 1342 LCpl Ngene Douglas
44. 09NA/64/4362 Pte Olayode OLUWASEGUN
45. 09NA/6211493 Pte Jimba AHMED
46. 03NA/53/2156 LCpl Ibrahim YOHANA
47. 12NA/68/6519 Pte Tijjani JIMOH
48. 12NA/69/0816 Pte Kabiru ABUBAKAR
49. 12NA/68/6653 Pte Marnuda SYWASAN
50. 12NA/68/6713 Pte James EMMANUEL
51. 12NA/68/6835 Pte Mukaila MUSA
52. 12NA/68/6550 Pte Ahunanya TEMPLE
53. 12NA/68/6634 Pte Eyakise UWAH
54. 12NA/68/6770 Pte Ilesanmi SEUN
55. 12NA/68/8576 Pte Ishiaku SOLOMON
56. 12NA/68/6677 Pte Audu DANIEL
57. 12NA/68/6812 Pte Boaz LUCKY
58. 12NA/68/6813 Pte Mohammed ABUBAKAR
59. 12NA/68/8358 Pte Anas A WALU
60. 12NA/68/8532 Pte Babangida JAMILU
61. 12NA/68/6614 Pte Nasiru ZUBAIRU
62. 12NA/68/6886 Pte Shehu SA’ADU
63. 12NA/68/8547 Pte Mohammed SULEIMAN
64 12NA/68/8366 Pte Hashimu IBRAHIM
65 12NA/68/6309 Tpr Nnanna PROMISE
66. 12NA/68/8380 Pte Magaji AHMADU
67. 12NA/68/8408 Pte Amao BUKOLA
68. 12NA/68/8496 Pte Wuyep JOHN
69. 12NA/68/6750 Pte Oti KELVIN
70. 12NA/68/6765 Pte Ameh MATHEW
71. 12NA/68/6513 Pte Olaitan JOSEPH
72. 12NA/68/6665 Pte Kulukulu ENDURANCE
73. 12NA/68/6427 Pte Usman ISAAC
RESTRICTED
74. 12NA/68/6792 Pte Ocheje WILLIAMS
75. 12NA/68/6801 Pte Adila DANGANA
76. 12NA/68/8351 Pte Sudan HANNANIA
77. 12NA/68/6527 Pte Sunday GODWIN
78. 12NA/68/4866 Pte Datti HASSAN
79. 12NA/68/6867 Pte Abubakar GARB A
80. 12NA/68/6890 Pte Joseph DAUDA
81. 12NA/68/6605 Pte Chiemela AZUBUIKE
82. 12NA/67/2246 Pte Abubakar MOHAMMED
83. 12NA/68/8529 Pte Anagu MARK
84. 12NA/68/8445 Pte Danbaba FRANCIS
85. 12NA/68/6631 Pte Oton ASUABIAT
86 12NA/68/6603 Pte Nwachukwu UDO
87. 12NA/68/8442 Pte Ibrahirn SALIU
88. 12NA/68/6727 Pte Abafe SYL VESTER
89. 12NA/68/6785 Pte Eze ISAAC
90. 12NA/68/8373 Pte Abubakar MOHAMMED
91. 12NA/67/2329 Pte Samuel MICHAEL
92. 12NA/67/3059 Pte Ishaya MUSA
93. 12NA/68/6794 Pte Ogai DOUGLAS
94. 12NA/68/6794 Pte Etim PETER
95. 12NA/68/6820 Pte Hermas OKPE
96. IlNA/66/8884 Tpr Oyedokun Halimat
97. 09NA/64/4398 Pte Nafiu Umar