A court-martial in Abuja on Tuesday sentenced 12
soldiers to death by firing squad for mutiny.
The court, which handed the judgment at 1.35
a.m., also handed a one-month jail sentence on a
soldier and freed five others.
The condemned soldiers are Cpl. Jasper
Braidolor, Cpl. David Musa, Lance Cpl. Friday
Onun, Lance Cpl. Yusuf Shuaibu, Lance Cpl.
Igomu Emmanuel and Pte. Andrew Ngbede.
The others are Pte. Nurudeen Ahmed, Pte. Ifeanyi
Alukhagbe, Pte. Alao Samuel, Pte. Amadi
Chukwudi, Pte. Allan Linus and Lance Cpl.
Stephen Clement.
The President of the Court, Brig.-Gen. C.C.
Okonkwo, while announcing the sentences,
however, said that the decisions were subject to
“confirmation”.
Eighteen soldiers were arraigned on a six-court
charge bordering on inciting mutiny against the
GOC, 7 Division, Maimalari Barracks in
Maiduguri, Maj-Gen. Ahmed Mohammed, on May
14.
While five of the accused were discharged and
acquitted, Pte. Ichocho Jeremiah was sentenced to
28-day imprisonment with hard labour for being
absent without official leave.
The 12 condemned men were found guilty of
mutiny, which attracts death by firing squad, and
also sentenced to life in jail for criminal
conspiracy and attempt to commit murder.
Cpl. David Luhbut, Cpl. Muhammed Sani, Pte.
Iseh Ubong, Pte. Sabastine Gwaba and Pte. Inama
Samuel were set free by the court.
History of case
The soldiers had in May revolted, opening fire at
a car carrying the General Officer commanding of
the army’s 7 Division in Maiduguri, Borno State.
Major-Gen. Mohammed was targeted by the
soldiers who blamed him for the deaths of their
colleagues.
The attack in Maimalari cantonment, on May 14,
humiliated the Nigerian military at a time the
force came under international spotlight over the
abduction of nearly 300 school girls in Chibok by
the extremist Boko Haram sect.
Official said at the time that the rebellious
soldiers were infuriated over the ambushing and
killing of their colleagues by Boko Haram – an
attack the soldiers blamed their superiors for.
In details seen by PREMIUM TIMES, which first
reported the court-martial, the soldiers were
charged for attempted murder and mutiny.
The internal memo, signed by the Commander,
Army Headquarter Garrison, B.T. Ndiomu, had
ordered the constitution of a General Court
Martial, to be presided by C.C Okonkwo, a
Brigadier General.
Mr. Ndiomu, also a Brigadier General, ordered
that the court martial be assembled at the
garrison’s conference hall on June 26.
The military court was made up of seven
members, two waiting members, a judge
advocate and two prosecuting officers.
Others members include: a liaison officer, a
contact officer, two officers authorized to sign any
amendment convening officer and eight other
soldiers who form a court secretariat.
The army accused the soldiers of attempting to
kill the GOC, Mr. Mohammed.
The soldiers had blamed the general for the
deaths of their colleagues killed in an ambush
near Chibok.
Sources had told PREMIUM TIMES that the
soldiers were ambushed while on a special
operation in Kalabalge Local Government Area
where locals on a Tuesday morning killed about
150 insurgents and arrested 10 others.
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.
The soldiers reportedly pleaded to be allowed to
return to Maiduguri the next morning, as the
night trip would be too risky.
Their request was allegedly turned down and the
troop had to drive to Maiduguri at night.
“Those commanding the troop declined their
request to pass the night in one of the villages on
the grounds that the top ranks at the
headquarters of the 7 Division would not be
pleased if they don’t go back to Maiduguri that
night,” said a ranking soldier, who sought
anonymity.
The 7 Division, recently formed, is located in
Maiduguri, the capital of the troubled Borno
State.
But halfway through their journey, they ran into
a Boko Haram ambush and 12 of them got killed
while some others were injured, sources said.
The military later claimed that only four soldiers
died in the ambush, before it increased the figure
to six.
The survivors, in what seemed a vengeance
mission, launched an attack on their commander,
Mr. Mohammed, when they eventually arrived in
Maiduguri.
Mr. Mohammed, a Major General, was
immediately redeployed to another command
which the military did not reveal.
In its version of the attack on the GOC, the
military claimed the soldiers did not shoot at
their commander, but merely fired into the air.
“The fact of the matter is that troops on patrol
around Chibok were ambushed by insurgents
yesterday. Troops engaged the insurgents in a
fierce combat and extricated themselves from the
ambush killing several insurgents.
“Four soldiers however lost their lives during the
ambush.
“On evacuation of the remains of the fallen
troops, the General Officer Commanding
addressed the troops who registered their anger
about the incident by firing into the air,” the
military spokesperson, Chris Olukolade, a Major
General, had said in a statement.
But in the charge sheet signed by Mr. Ndiomu, the
army said the soldiers’ bullet only missed
General Mohammed by a hair’s breadth, as at
least one bullet struck the rear right door of his
Sports Utility Vehicle, where the general sat.
“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 door where
he sat,” the charge reads.
After the attack in Maiduguri, the Nigerian Army
arrested the soldiers and instituted a military
board of inquiry into the circumstances
surrounding their conduct.
The army charged 11 of the 18 soldiers with
criminal conspiracy to commit mutiny among
others.
The soldiers face 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.
The charge sheet read that the soldiers inspired
other military personnel of the 101 battalion to
commit mutiny and also accused E. Azenda, a
Lieutenant colonel, who is the Second in
Command of the 101 battalion, of conspiring with
other officers to kill the soldiers.
One of the charges read “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.”
Punishment for the offences under the Armed
Forces Act 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.
The accused soldiers were allowed defence
counsel of their choice.
Below are the List of charges against the
soldiers
Count 1:
Statement of Offence: 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.
Particulars of offence: In that you on or about 14
May14 at Maimalari Cantonment in Maiduguri
conspired to incite other personnel of 101 Bn to
commit mutiny.
Count 2:
Statement of Offence: 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 Bn against the authority of
7 Div.
Count 3:
Statement of 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.
Particulars of Offence: 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 door
where he sat.
Count 4:
Statement of offence: Disobedience to particular
orders punishable under Section 56(1) of AFA CAP
A20, laws of the Federation of Nigeria, 2004.
Particulars of Offence: 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.
Count 5:
Statement of Offence: Insubordinate behaviour
contrary to and punishable under Section 54 (1)
(b) of AFA CAP A20, laws of the Federation of
Nigeria, 2004.
Particulars of Offence: 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.
Count 6:
Statement of Offence: False accusation contrary to
and punishable under Section 94 (a) of AFA CAP
A20, laws of the Federation of Nigeria, 2004.
Particulars of Offence: 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 Bn
of conspiring with other officers to kill 101 Bn
soldiers.
Names of the accused soldiers, their ranks and
service numbers:
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 Igono 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
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