The authorities of the Nigerian Army have inaugurated a General Court
Martial to try 97 officers and men for alleged offences in the ongoing
counter-terrorism operation in the North-East. Among the officers are
four Lieutenant Colonels, a major, four captains, five Lieutenants and
one 2nd Lieutenant. The Lieutenant Colonels are S.S. Tilawan, D.B.
Dazang, I.C. Ogunmanya, and S.U. Abubakar...
The Major is
I.I. Sakaba while the captains are Z. Alhaji, M . Hamadikko, M. B.
Abdullahi, and S. Y. Musa.The Lieutenants are T. Garba, F. Ogunleke,
A . Abdullahi, I. M. Okoro, and D. Wunuji. The 2nd Lieutenant is J.
M. Uweh.The other 82 who are rank and file are to face the GCM
alongside the 15 officers at the Nigeria Army Headquarters Garrison,
Abuja.The GCM comprises Brig.
Gen. Musa Yusuf (President), and Colonels Rabe Abubakar, Mohammed
Ibrahim, Umar Mohammed, Godwin Ugwueze, Jonathan Gontor, B.R.
Abimiku and Col. M.M. Bunza.Yusuf,
who announced the members of the court, also named Col. A.T. Ibrahim,
Lt. Col. Victor Olatunji as waiting members. Lt. Col. Ukpe Ukpe, an
Assistant Director Legal Services at the Army Headquarters Garrison was
named the Judge Advocate.The
Prosecuting Officers are Capt. J. A. Orumor, Capt. Roseline Agwai, Capt.
JE Nwosu, Capt. WF David, Capt V.L. William, Lt. A.M. Sani, Lt. N.
Okorie and LCPl Chukwu Prince-Augustine.The
President of the Court said during the inauguration that the officers
and men would face offences such as mutiny, assault, absence without
leave, housebreaking, conduct prejudicial to good orders and service
discipline as well as offences relating to service property.
He assured the accused who appeared in two batches at the Army
Headquarters Garrison Conference Room that the court would ensure a
strict adherence to the principle of fair hearing and justice in its
treatment of the cases before it.Yusuf said that the court would ensure a
holistic examination of evidence brought before it to ensure that no
innocent person was convicted.He said, “Let me further assure you that
the GCM will base its decisions and findings only on facts presented
before it. In order words, this court will not give room for or be
influenced by any extraneous matter which is not presented before the
court.“In consonance with the desire of this GCM to do justice in this
case, we shall take cognisance of the postulation of Chukwudifu Oputa, a
former Justice of the Supreme Court, that justice is a three-way
traffic. That is: Justice for the accused persons, justice for the
victim, justice for the state.“We intend to patiently and 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 guilty
persons to go free than for one innocent person to suffer.”
He appealed to the 15 defence counsel and their prosecution counterparts
to aid the plan of the GCM to conclude the cases without delay.He also
urged the media to ensure a balanced and patriotic reporting of the
proceedings of the court in the interest of national security and the
accused.Prior to the inauguration of the court, Shuaibu Isah, from
Credence Attorneys, had faulted the decision to appoint Ukpe as the
Judge Advocate .The lawyer said it was wrong to ask a man who advises
the authorities that established the court martial to be a Judge
Advocate.He argued that Ukpe had taken a stance on the case and given a
piece of advice that obviously aided the drafting of the charges
against the accused.It was the prevalent view among the lawyers that the
choice of Ukpe as the Judge advocate was a negation to the principle of
fairness.
Although Ukpe and the Lead Prosecutor, Capt. Roseline Agwai, argued that
the Military Police did the investigation and framing of the charges,
the lawyers were of the view that the matter must be addressed when the
court starts sitting on October 15, 2014, the next adjourned date for
the case.
A Senior Advocate of Nigeria, Mr. Femi Falana, whose law firm is
defending 68 of the accused soldiers told journalists shortly after the
inauguration that lawyers would consult with their clients to take a
decision on the issue of the appointment of Ukpe as Judge
Advocate.Falana agreed with an observation by another Defence Lawyer,
Maj. Mike Kebonkwu (Retd.), that the accused were taken to the trial
court without being given the requisite document.Falana said, “We
don’t have the charge sheet; we don’t have the convening order; we don’t
have the summary of evidence of those who are coming to give evidence
and the law says that all accused persons are entitled to full materials
for their own defence and the court appreciated that.“Hence, an order
has been made that all the necessary documents be made available to all
the accused persons so that the trial can commence earnest on October
15.“I have no cause to doubt the integrity of the members of the court; I
have taken part in a number of courts of this nature. Even where we
lost, we have had to go on appeal, and we succeeded. So there is no
cause for alarm. I think the President of the court has assured the
accused persons that justice will be done.’’
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