Military Tribunal Begins Trial Of Lt Cols, Major, Several Others

The Nigerian military tribunal has set up a General Court Martial to try 97 personnel for various offences allegedly committed in the ongoing counter-terrorism operation in the North-Eastern part of the country.

Punch reports that among those to be court marshaled comprised four Lieutenant Colonels, a major, four captains, five Lieutenants and one 2nd Lieutenant.

The names of the Lieutenant Colonels were given as S.S. Tilawan, D.B. Dazang, I.C. Ogunmanya, and S.U. Abubakar, while the Major’s name was given as I.I. Sakaba. The captains comprised Z. Alhaji, M. Hamadikko, M.B. Abdullahi, and S.Y. Musa. The Lieutenants includes T. Garba, F. Ogunleke, A. Abdullahi, I.M. Okoro, and D. Wunuji as well as J. M. Uweh, who is the only 2nd Lieutenant among them.

Others numbering 82 who are in rank and file are expected to stand trial before the GCM alongside the 15 officers at the Nigeria Army Headquarters Garrison, Abuja, FCT.

It was reported that the GCM include Brig. Gen. Musa Yusuf, who is the President of the court, and Colonels Rabe Abubakar,   Mohammed Ibrahim, Umar Mohammed, Godwin Ugwueze, Jonathan Gontor,   B.R. Abimiku and Col. M.M. Bunza.

Brig. Gen. 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.

He revealed that the Prosecuting Officers to include 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.

Speaking at the inauguration, Yusuf stated that the officers and men would stand trial for offences bordering on mutiny, assault, absence without leave, housebreaking, conduct prejudicial to good orders and service discipline as well as offences relating to service property.

The president promised the accused that were split in two groups at the Army Headquarters Garrison Conference Room that the court would abide by the principle of fair hearing and justice in its treatment of the cases brought before it.   He said a holistic examination of evidence would be carried out in order to avoid convicting innocent person.

READ ALSO: Another 60 Soldiers To Be Arraigned For Mutiny

“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,” Yusuf said.

The court President urged the 15 defence counsel and prosecutors to corporate with the GCM in actualising a quick delivery of justice. He pleaded with journalists to ensure objective reportage of the court’s proceedings in the interest of national security and that of the accused persons.

Reacting to the court’s inauguration, Shuaibu Isah, from Credence Attorneys condemned the appointment of Ukpe as the Judge Advocate. He pointed out that it was wrong to choose someone who counsels the authorities that set up the court martial to be a Judge Advocate.

Isah further 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.

READ ALSO: Soldiers Fear Boko Haram’s Armory, Demand Better Weapons

However, it was a widespread view among the lawyers that the choice of Ukpe as the Judge advocate was a denial to the principle of fairness, although Ukpe and the Lead Prosecutor, Capt. Roseline Agwai, argued that the Military Police did the investigation and filing of the charges, the defence counsel insisted that the matter must be addressed when the court commences sitting on October 15, 2014, which is the next adjourned date for hearing on the case.

Also responding, Femi Falana, a Senior Advocate of Nigeria, SAN, whose firm is defending 68 of the accused soldiers, said lawyers would consult with their clients to take a decision on the issue of the appointment of Ukpe as Judge Advocate. He also agreed with an observation made by Maj. Mike Kebonkwu (Retd.), who is also a defence lawyer that the accused were taken to the trial court without being given the required document.

READ ALSO: Funmi Iyanda Reacts To Death Sentence Of 12 Soldiers

“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,’’ Falana said.

It would be recalled that 12 out of the 18 soldiers standing trial for attempted murder and mutiny in Maimalari cantonment, Maiduguri were two weeks ago found guilty and sentenced to death by a Military court sitting in Abuja. It was reported in July, 2014, that the soldiers blamed Mr Mohammed for the death of their colleagues.

Source: Legit.ng