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Court-martial: Army Sentences 12 Soldiers Todeath, Free Five Others by Nobody: 9:09am On Sep 16, 2014 |
The Nigerian Army has sentenced 12 of the 18 soldiers charged with Court-Martial to death by firing squad, while one was sentenced to 28 days with Imprisonment with Hard Labour (IHL). Five others were set free. According to the sentence delivered by the President of the General Court Martial trying the 18 soldiers, Brig-Gen. Chukwuemeka Okonkwo, Corporal Jasper Braidolor and 10 others were found guilty of Counts 1,2 and 3 and were sentenced to death by firing squad. In the same vein, Lance Corporal (Lcpl) Stephen Clement was found culpable in count 3 and 4, attracting death sentence, while Private (pte) Ichocho Jeremiah was guilty of Counts 5 and 6, which gave him a 28days IHL. After the ruling, Okonkwo said that "these sentences are subject to confirmation", meaning that it can be appealed at the Federal Court of Appeal. The soldiers were court-martialled on a six-count charge for being involved in an alleged mutiny in May 14, when some aggrieved troops opened fire at a car carrying the Commanding Officer 7 Division in Maiduguri, Borno State, Maj-Gen. Ahmadu Mohammed. While 14 of the accused were found guilty under different counts, four of them were discharged and acquitted of all charges. The accused soldiers with their ranks and service numbers include: 96NA/ 42/6235 Cpl Jasper Braidolor 96NA/ 43/ 10277 Cpl David Musa 05NA/ 57/ 3451 LCpl Friday Onun 09NA/ 64/ 4905 LCpl Yusuf Shuaibu 09NA/ 62/ 1648 LCpl Igomu Emmanuel 09NA/ 64/ 4214 Pte Andrew Ngbede 10NA/ 65/ 8344 Pte Nurudeen Ahmed 10NA/ 65/ 7084 Pte Ifeanyi Alukhagbe 13NA/ 69/ 2898 Pte Alao Samuel 13NA/ 69/ 2907 Pte Amadi Chukwudi 13NA/ 69/ 2898 Pte Allan Linus 93NA/ 36/ 1542 Cpl David Luhbut 97NA/ 45/ 7423 Cpl Muhammed Sani 03NA/ 53/ 816 Lcpl Stephen Clement 09NA/ 62/ 1648 Inama Samuel 09NA/ 64/ 5858 Iseh Ubong 10NA/ 65/ 6912 Ichocho Jeremiah 10NA/ 65/ 7343 Sabastine Gwaba According to the court statement, the soldiers were accused to have rebelled in Maimalari cantonment, blaming their GOC and other officers for the deaths of four of their colleagues. It could be recalled that the soldiers claimed that they were ambushed while on a special operation in Kalabalge Local Government Area near Chibok, where over 200 girls were abducted from the Government Secondary School. They alleged that after the operation, during which some military equipment were recovered from the insurgents, the soldiers, who arrived the operation location at night, were asked to return to Maiduguri despite the pleading to be allowed to return the next morning, as the night trip would be too risky. Unfortunately, the troops had to drive to Maiduguri at night and halfway through their journey, they were said to have ran into a Boko Haram ambush and with more than 10 of them killed while some others were injured, which angered the soldiers to rebel against their superiors, with the GOC being fired at and forced to be replaced. Alarmed by the development, the military authorities arrested the suspected soldiers and instituted a military board of inquiry into the circumstances surrounding their conduct. As a follow up, the Army through internal memo, signed by the Commander, Army Headquarter Garrison, Mogadishu Cantonement, Brig-Gen B.T. Ndiomu, ordered the constitution of a General Court Martial, to be presided by Brig-Gen. C.C Okonkwo The military court was made up of seven members, two waiting members, a judge advocate and two prosecuting officers were said to have been constituted on June 26 and started sitting on July 6. The membership of the Panel also included; a liaison officer, a contact officer, two officers authorized to sign any amendment convening officer and eight other soldiers who form a court secretariat. Apart from the Okonkwo as the President of the General Court Martial, other members include the Judge Advocate, Col TS Nurseman; Col TO Olowomeye; Col IG Lassa; Col JK Feboke; Lt-Col CR Nnebeife; Maj I Yusuf, and Maj TA Yakubu as members while Maj AE Martins completes the nine-man panel as awaiting member. The lead prosecutor is Lt-Col AA Audu, and Prosecutor 1 is Lt-Col Ukpe Ukpe. Reading their offences, Okonkwo said the soldiers in line with rule 65 and 67 of Rules and Procedures of the Nigerian Armed Forces Law 1972 were slapped with a six-count charge of committing mutiny, criminal conspiracy to commit mutiny, attempted murder, disobedience to particular orders, insubordinate behaviour contrary to and punishable under the law, and false accusation. He also charged the 11 of the 18 soldiers with criminal conspiracy to commit mutiny among others. He said that Corporal Jasper Braidolor and 10 others inspired other military personnel of the 101 Battalion of 7Div, to commit mutiny th other officers to kill the soldiers. He said: “That you between 13 and 14 May 2014 at Maimalari cantonment in Maiduguri fired sporadically with the intent to incite other personnel of 101 battalion against the authority of 7 Division.” Okonkwo listed the punishment for the offences under the Armed Forces Act to include; death, imprisonment, dismissal with ignominy from the Armed Forces, a fine of a sum not exceeding the equivalent of three months’ pay among others. On the Count 1, he read the statement the of Offence to include; Criminal conspiracy to commit mutiny triable by court martial by virtue of Section 114 of AFA and punishable under Section 97(1) of the penal code CAP P89, laws of the Federation of Nigeria. " In that you on or about 14 May14 at Maimalari Cantonment in Maiduguri conspired to incite other personnel of 101 Battalion to commit mutiny", he read. On the Count 2, the statement of Offence, he said: "Mutiny punishable under Section 52(1) (b) of AFA CAP A20, Laws of the Federation of Nigeria, 2004. Particulars of Offence: In that you between 13 and 14 May 14 at Maimalari Cantonment in Maiduguri fired sporadically with intent to incite other personnel of 101 Battalion against the authority of 7 Div". Okonkwo stated the Count 3 offence: Attempt to commit offences (murder) contrary to Section 95 and punishable under Section 106 of AFA CAP A20, laws of the Federation of Nigeria, 2004. " In that you on or about 14 May 14 at7 DMSH Maimalari Cantonment in Maiduguri without justification attempted to kill Maj. Gen. A Mohammed (N/7915), the GOC 7 div( as he then was) by firing shots on his official vehicle (Command Jeep) which hit the right rear door where he sat", he stated. He listed the Count 4 offence to be disobedience to particular orders punishable under Section 56(1) of AFA CAP A20, laws of the Federation of Nigeria, 2004. He noted the particulars of Offence, saying; "in that you on or about 14 May 14 at Maimalari Cantonment in Maiduguri wilfully disobeyed an order by LT Col E Azenda (N/10517), 2i/c 101 Bn to allow the corpses of 101 Bn personnel killed in action on 13 May 14 to be moved to UMTH mortuary by preventing the movement insisting on the arrival of the GOC before such movement could take place". Okonkwo statement on Count 5 Offence listed it as "Insubordinate behavior contrary to and punishable under Section 54 (1) (b) of AFA CAP A20, laws of the Federation of Nigeria, 2004. "In that you on or about 14 May 14 at Maimalari Cantonment in Maiduguri uttered abusive language 'that officers are cowards' with threat to shoot the officers if they did not leave the premises. On the final Count 6, the presiding Court-martial read the Offence as False accusation contrary to and punishable under Section 94 (a) of AFA CAP A20, laws of the Federation of Nigeria, 2004. "In that you on or about 14 May 14 at Maimalari Cantonment in Maiduguri accused Lt Col E Azenda (N/10517), 2i/c of 101 Battalion of conspiring with other officers to kill 101 Bn soldiers". In his ruling, he found the first 11 soldiers guilty of counts 1-3, while discharging and acquitted them of offence counts 4-6. Accordingly, the same charges were also handed over to another seven group of soldiers under the title of "Corporal David Luhbut and six others". Reading the judgment, Okonkwo declared the second batch of seven the accused not found guilty on charge counts , except Corporal Stephen Clement who was found guilty Counts 5-6, and Corporal Jeremiah Ichoko was culpuable of counts 4-5 Pleading on their behalf, one of the leading Defence Counsel to the accused soldiers, Francis Paul, e.esq, prayed the military court to lessen their sentences. Paul asked the court to tamper justice with mercy listing some of the challenges being faced by their clients and in that their loss through death sentence or lengthy incarceration could cause untold hardship to their relatives and a huge loss to the nation. He said: "My prayer is that their sentences be lessened. My Lord I pray this court to tamper justice with mercy. Private Friday Onuh who joined the military in 2005 is the only surviving male of his family with aged parents and five months old child. "Also Corporal Jasper joined the Army since 1996 and a dedicated veteran of three wars who has served this country with zeal and passion". "My Lord these convicted persons having served their country well with most of them being first time offenders should be viewed with mercy", he further pleaded. Responding, Brig-Gen Okonkwo promised to consider their cases and pleas in the sentencing. http://www.thisdaylive.com/articles/court-martial-army-sentences-12-soldiers-to-death-free-five-others/189168/
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Re: Court-martial: Army Sentences 12 Soldiers Todeath, Free Five Others by nke001: 10:16am On Sep 16, 2014 |
Now they, the NA heads see themselves as demi-gods. Convicting the men they sent to war front with 18th century weapons while they are in their officers cutting corners. It will be better for that soldier not to be born than to pick up that machine gun to shot down a fellow for standing up for their right. I will support these kangaroo sentences iff those GOCs move to the front line and eliminate these BH. #LeaseOurGallantSoldiers PLEASE FELLOW NIGERIANS LET US JOIN HANDS AND SAVE THESE GALLANT MEN WHO HAS PUT THEIR LIVES ON THE LINE JUST TO MAKE OUR NATION SAVE FOR WE ALL. |
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