So I have been thinking lately, about the recent story of the cripple who was brutalized by two soldiers for wearing a "camo". On Tuesday, February 7, 2017 two soldiers reportedly attacked and brutalized one Mr Chijioke who was found wearing a camouflage. Yes, wearing a camouflage is a crime in Nigeria under the Criminal Code and even in the Constitution of the FRN which provides under Section 251 that any person who not being a person serving in any of the armed or police forces of Nigeria, wears the uniform of any of these forces, or any dress having the appearance or bearing any of the regimental or other distinc­tive marks of any such uniform, in such manner or in such circumstances as to be likely to bring contempt on that uniform, or employs any other person so to wear such uniform or dress, is guilty of a simple offence, and is liable to imprisonment for three months or to a fine of forty naira. Mr Chijioke may have committed an offence punishable under Nigerian law but in bringing a person to justice there are procedures to be followed. Soldiers have no right to carry out "summary judgement" on any offender.
This incident is not the first of its kind. Similar incidents occur daily in our society today. We hear stories everyday of powerless, sometimes innocent citizens being subjected to cruel, inhuman and degrading treatment by soldiers simply because they are regarded as "bloody civilians". Is there any legal instrument which exempts military officers from liability for acts against other persons?
The Armed Forces Act established the Armed Forces of Nigeria as a body charged with the defence of the Federal Republic of Nigeria by land, sea and air and with such other duties as the National Assembly may, from time to time, prescribe or direct by an Act. The Act also provides certain disciplinary measures which apply to military officers where they are found guilty of certain offences. Section 108 of the Act for instance provides that a person subject to service law under the Act who, with unlawful force or violence, does or attempts to do any bodily harm to another person is guilty of assault and liable, on conviction by a court- martial, to imprisonment for a term not exceeding two years or any less punishment provided by the Act. Section 170 also provides that subject to the provisions of the Act prohibiting retrial where conviction is quashed, nothing in the Act shall restrict the offences for which a person may be tried by a civil court, or the jurisdiction of a civil court to try a person subject to service law under this Act for an offence. Recently, the Chief of Army Staff vowed to punish officers of the Nigerian Army found guilty of human rights abuses, especially in connection with arrested members of IPOB and the Boko Haram sect. That's a welcome development. It should also extend to intimidations and oppressions perpetrated on innocent and helpless civilians on a daily scale. Justice should be done, the proper way. Justice is a three-way traffic. Justice for the accused, justice for the victim and justice for the society.
In other countries, soldiers are seen as heroes, revered and respected. Here in Nigeria, soldiers are viewed as meanies and oppressors, dreaded and despised. Such feelings in the hearts of the populace if allowed to persist, are risky for the society as a whole. Justice should be done. Not just technical justice but substantial justice. The justice which the common man in the street understands- the law in action, not the law in books!
We want to live in an ideal society where the rule of law is supreme, where the rights and freedoms of individuals are guaranteed, where justice is equitably distributed where the authorities are not just feared but respected, where individuals have equal bargaining power in getting access to justice, where campaign promises are kept and the government performs its functions responsibly and the will of the people is supreme. Sadly, such a society for us has been a dream and will remain so. Instead we find ourselves in a society where the rule of law remains a concept, where might is right, where justice is for the highest bidder, where civilians are considered by military men as "lesser beings", where campaign promises are fantastic tales, where government is a "business" and is run by businessmen, where the government formulates ghost policies and committees are the "solution" to every problem. Well, we have been whining, they have been wining. They have made promises, they have asked us to be patient. We have been patient. But I have a feeling, that after everything, when all is said and done... Nothing will be done!

I am not a wailer!

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