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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