Nigerian Army Disobey Court Order

Soldiers’ Protest: Court Berates Nigerian Army

From James Sowole in Akure, 09.16.2008

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For flouting the order of the court which granted bail for the release of 28 soldiers that were detained over protest against their unpaid foreign mission allowances,an Akure High Court judge, Justice Akintan Osadebay, yesterday berated the Nigerian Army.
The judge also flayed the action of the counsel to the  to the Nigerian army, Mr Rasheed Bamisile, for allegedly encouraging his client to disobey the order of the court which asked the Chief of Army Staff to produce the protesting soldiers at the court.
The soldiers were arrested in Akure, Ondo State following their protests over unpaid foreign mission allowances having served in Liberia under the United Nation Peace Keeping Operation.
Worried by their continued detention without trial over two months ago, the soldiers through their lawyer, Mr Morakinyo Ogele, sought the enforcement of their fundamental human rights.
The judge had in the presence of the counsel to both the soldiers and the Nigerian Army granted bail to the soldiers and also ordered that they be brought to court on the agreed date.
However, Justice Osadebey was surprised yesterday when rather than see the soldiers in the court, Bamisile brought two applications seeking stay of proceeding.
It was at that  juncture that counsel to the soldiers (Ogele) stood up, frowned that his clients were not brought to court as ordered on September 11 described the action as gross abuse of court process because the army had not obeyed the positive order.
The judge, who said the court was not happy about the fragrant disobedience to the order, said as a vacation judge, he will refer the case file to the registrar for onward transmission of the matter to the Chief Judge who would assign the case to the regular court.
Despite this, the justice said the order subsisted and the army was bound to obey it before they can come for any remedy.
He fixed continued hearing to October 9.
Speaking yesterday,  counsel to the soldiers when they were court martialled in Ibadan, Oyo State and who was in Akure as a friend of the court, Peter Adonu described the action of the Nigerian Army as unfair and inhuman.
Adonu said charging his clients with mutiny was like killing a rat with sledge hammer because the soldiers were not armed saying protest was allowed by the Nigerian Constitution.   

Source: http://www.thisdayonline.com/nview.php?id=122631