27 soldiers get life sentence for mutiny


ALL the 28 soldiers but one who were on one-count charge of mutiny contrary to section 52(2) of Armed Forces Act (Cap A20), Law of the Federal Republic of Nigeria have been sentenced to life imprisonment.

Their trial was handled by Brig-Gen. Ishaya Bauka- led Court Martial sitting in Owena Barracks, Akure in Ondo State.

The soldiers had protested the non-payment of their allowances during their participation in the United Nation (UN) peacekeeping mission in Liberia.

Those convicted are Sergeant Oliver Akwara, Corporals Princewell Onwunare, Abass Salisu, Paul Maikudi, Lance Corporals Okani Pope, Lawal Abubakar, Pascal Stephen, John Felix, and Yomi Ibunkun.

Others are Lance Corporals Loveday Nmpaie, Umar Abdulkadir, Musas Salisu, Ibrahim Yusuf, Innocent Egbuna, Wanogho Shedrack ana Bello Zahraheed.

The rest are Private Chukwudi Onwukanjo, Jonathan Komo, Samuel Ogbe, Nkawor Esther, Mary Idoko, Olaniyan Yetunde, Anthogan Jonathan, Saliu Ibrahim, Adaraloye Olalekan, Kabiru Mohammed, and Amukan Keleshi.

The 17th accused person, Private Bala Aliyu was discharged and acquitted by the court due the overwhelming evidence that he did not feature in the protest.

The sentence, according to Bauka, is subject to confirmation by the highest military authorities in the country.

The convicted soldiers were part of the 850-member strong 14th Nigerian Battalion (NIBATT 14) drawn from across military formations in the country to participate in the United Nations (UN) peacekeeping force in Liberia from September 2007 to April 2008.

They were accused of taking part in a public demonstration against a shortfall in the allowances payable to them, which their Commanding Officer said had been left behind in Abuja on July 2, 2008.

The protest which took place in the Owena Barracks of the 323 Artillery Brigade led to a closure of business activities around the Ondo Road, Akure location of the army formation as hundreds of soldiers blocked the highway and set up bonfires, singing war songs condemning their superiors.

At the end of the trial which took over nine months, the presiding officer said the court martial had considered the pleas of the defence counsel, Morakinyo Ogele of the Femi Falana Chambers, that the panel temper justice with mercy.

He added that the panel had also considered the fact that the Army had spent millions of naira in the training of the soldiers and that the fact that they were all first offenders with no history of insubordination was also taken into consideration.

He however said the hands of the panel were tied because of the gravity of the offence, which he said "infringed on the very essence of the command structure of the Army and an act that can ridicule and cause embarrassment to the Army authorities."

On July 4, 2008 they protested over alleged diversion of the $5,040 from their allowances by some military officers.

Reading out the judgment yesterday, Bauka said Aliyu (freed) merely raised his hand when the former Commanding Officer of the 323 Artillery Regiment in Akure, Lt. Col. Godwin Omelo was addressing the soldiers and that it could not amount to a protest against the order of the

They were earlier de-robed of their ranks by the same martial court.

In his over five hours ruling, Bauka said the soldiers refused to obey the lawful orders of Omelo by barricading the Akure/Ondo Road and disturbed the peace of the residents.

He said since they were still in the Nigerian Army, no matter their grievances, they were still subject to service law and should therefore be law abiding, adding that they were given an order by their superior, which they failed to carry out.

Bauka said they deliberately colluded and disobeyed the order, which according to him, struck at the foundation of discipline in the Army, declaring that their acts were deliberately designed to put the Nigerian Army in danger.

Other officers who heard the matter are Brig-Gen. A. S. B. Ngorgi, U. Chima, F.S. Owonibi, M. E. Ahmed (Judge Advocate), Col. W.O. V. ijide, and Col. S. Ado.

Bauka said the convicts were found guilty of the offence for which they were charged with overwhelming evidences coupled with the testimonies they made during their cross-examination.

The court said all ingredients of the charges were established and therefore the accused committed mutiny, which according to him could subvert the sovereignty of the nation.

Bauka also said their action could undermine the discipline in the Armed Forces, stressing that they conducted themselves in riotous manner against the tenets of discipline in the Army.

He said: "From evidence before us, the court has been convinced that they committed mutiny by protesting against the order of the Commanding Officer that they should line up to receive their allowances with the intention to plead with them that the shortfall will be paid in the subsequent Monday which they resisted by shouting and even stoning the CO. This is against the Military Act."

Ogele in his plea, urged the court to temper justice with mercy, stressing that all the accused had not been charged with any military offence in the past.

He also pleaded that they should be treated like the biblical "prodigal son," emphasising that if it were the conventional court, they would have been discharged since the officers, who deprived them of their entitlements were already convicted by the court.

Ogele said: "My lords, they have asked for your forgiveness, tell them to go and sin no more as fathers."

The prosecution counsel, Lt-Col. T. S. Nurseman, who submitted the files of the convicted soldiers, affirmed that from all available records, all of them were first offenders.

He sent their records through the bar and also pleaded for leniency.

Source: http://www.ngrguardiannews.com/news/article02//indexn2_html?pdate=280409&ptitle=27%20soldiers%20get%20life%20sentence%20for%20mutiny