₦airaland Forum

The Brig.-Gen. Ishaya Bauka-led court martial on Monday sentenced 27 former United Nations peacekeepers to life imprisonment for protesting the non-payment of their peacekeeping allowances.
Some of the soldiers sentenced to life imprisonment while arriving for judgment at the 323 Artillery Regiment, Akure, Ondo State ,  on Monday.

The convicts include three female members of the peace operation.

The court, however, discharged and acquitted one of the 28 accused soldiers, Lance Corporal Bala Aliyu, for want of evidence.

The female soldiers, Yetunde Olanihun, Mary Idoko and Esther Nkawor, and other convicted soldiers who have been in detention since July 2008, did not betray any emotion as the court handed them the maximum punishment for their offence.

The defence counsel, Mr. Femi Falana, who appeared briefly during the judgment, described it as a charade, saying the soldiers would appeal the judgment.

Falana had accused the president of the court martial of bias during the hearing.

He claimed that Bauka had said that no matter what, the soldiers would be punished for protesting. The human rights lawyer and the president of the court martial had an altercation during the hearing which led to Bauka walked away from the court.

In a judgment that was read for more than five hours, the president of the court martial said that the prosecution team, led by Lt.-Col. Sampson Nurseman, proved beyond reasonable doubt that the 27 soldiers, who served in the United Nations Mission in Liberia, were guilty of a one count charge of mutiny levelled against them.

The court held that the soldiers violated Section 12 subsection 2 of the Armed Forces Act of 2004.

It added that the punishment prescribed by the law was life imprisonment for the offenders, subject to the confirmation by the superior authorities.

The 27 soldiers jailed for life include Sergeant Oliver Akwara, Corporals Princewill Onwunari, Corporals Abass Saliu and Paul Maikudi.

Others are Lance Corporals Umar Abdukadir, Musa Salisu, Paschal Steven, Ibrahim Yusuf Loveday Nnadi, Yomi Ibukun, Bello Zaharadeen, Okani Pope, Wanogho Shadrack, Lawal Abubakar, Innocent Egbuna and John Felix.

The rest are Kabiru Mohammed, Chukwudi Onwukanjo, Samuel Ogbe, Jonathan Komo, Adaraloye Olalekan, Salisu Ibrahim, Anthogah Jonathan and Kelechi Anukan.

All the soldiers served under Lt. Col.-Godwin Umelo in NIBATT 15 at the United Nations Missions in Liberia.

Bauka held that the soldiers disobeyed the order of the commanding officer of the 323 Artillery Regiment, Akure, Ondo State, where they staged a public protest to press for the payment of their compulsory savings.

Bauka said, “A junior serving personnel is bound to obey the order of their superior once the order is legal. The refusal to obey the order fails to meet the military standard.”

The soldiers had during the trial said that they were arrested at random, adding that one of the officers collected a bribe of $150 from some of those arrested for the same offence.

They stated that the officer freed those who paid the bribe and refused to let go those of them who refused to cooperate with him.

But while the soldiers were jailed for life, the officers who were responsible for the mix-up which triggered the protest were given a very light punishment.

The Army paying team, led by Lt. Col. Paul Baba, who was the Deputy Director at the Army Finance Corps, Abuja, was said to have wrongly paid the allowance of the convicted soldiers to members of NIBATT 14, including the commanding officer who were drawn from the 72 Para-Battalion, Makurdi, Benue State .

Baba and other paying officers and the former Commanding Officer of 72 Para-Battallion, Col. A. Awotoye, were charged with cheating, stealing and negligence of duty before the same court martial. They were, however, punished by demotion, while the 27 soldiers were jailed for life.

Falana, while praying for freedom for the soldiers, told the court that the prosecution failed woefully to prove the offence of mutiny against the accused persons.

He said that although the ex-peacekeepers protested the illegal diversion of their allowances, none of them engaged in violence or any act capable of putting the Nigerian Army in imminent danger. The lawyer added that the accused persons did not conspire with foreign forces to subvert the sovereignty of Nigeria.

Falana also told the court that the accused persons had constitutional right to protest as provided under Section 38 and 40 of 1999 Constitution, arguing that as soldiers, they could not be denied of this right as citizens of Nigeria.

He said, “ The conduct of the accused persons cannot be classified as mutiny. By virtue of Section (52) (3) of the Armed Forces Act, a mere protest by soldiers is not a mutiny because ingredients of the offence of mutiny have been judicially defined in the case of CPL Segun Oladele and 22 Others versus Nigerian Army (2004)”

He said that Oladele’s case had to do with a similar protest by 23 soldiers over the illegal seizure of their estacode and lack of adequate medical treatment after serving Africa in ECOMOG Peace Keeping Force in Liberia and Sierra Leone.

The 23 soldiers were tried, convicted and sentenced to various terms of imprisonment, including life imprisonment, but the Court of Appeal set aside their conviction and the sentences passed on them.

http://www.punchontheweb.com/Articl.aspx?theartic=Art200904283573534

I am so worried about the above - it might breed an atmosphere for Coups.

eeeeeeeeeekkk!!!

They don't deserve this harsh treatment considering the fact that these guys put their lives on the line to protect our image through peace keeping in other African Countries. If they were payed as at when due, they would not have protested for their money. Considering the fact that some if not all are bread winners and have several family commitments to meet. These brave soldiers are just victims of corruption and inefficiency in the armed forces.

life imprisonment for merely protesting their allowance? lawd have mercy

It's very unfortunate that human beings will go to Liberia at the risks fo their lives and when they return, some powers that be will short change them by trying to divert their entitlements and when they complain, they are given a life jail term.

Meanwhile, the guys who tried to divert their entitlements are what, just demoted? something I am sure they will appeal and the ruling will eventually be in their favour.

Shame.

At all times, this country continues to work against the interest of her citizens. Since they are soldiers, are they now supposed to behave as zombies even when their allowances were diverted and shouldn't ask for same? They left their families and put their lives on the line for other people who are not even citizens of their countries and the reward? Life imprisonment. This is too emotional for me, I'm really fighting back tears here. Why does justice keep walking on its head in this country? I am sure the senior ones among these soldiers would have long collected their own allowances for the same operation they went for. This injustice should not stand.

Bauka held that the soldiers disobeyed the order of the commanding officer of the 323 Artillery Regiment, Akure, Ondo State, where they staged a public protest to press for the payment of their compulsory savings.

The above quote called it compulsory savings which implied that the money should have been paid to them on the field of operation but was kept as savings for them. If they hadn't protested, and knowing how government operates in this country, it might take another six months or a year for them to get the money, hence the protest.

On our coat of arms, our motto says unity and faith, peace and progress. How could one have faith in this country with this sort of inhuman treatment of fellow citizens?

Lord have mercy!!

desgiezd:
At all times, this country continues to work against the interest of her citizens. Since they are soldiers, are they now supposed to behave as zombies even when their allowances were diverted and shouldn't ask for same? They left their families and put their lives on the line for other people who are not even citizens of their countries and the reward? Life imprisonment. This is too emotional for me, I'm really fighting back tears here. Why does justice keep walking on its head in this country? I am sure the senior ones among these soldiers would have long collected their own allowances for the same operation they went for. This injustice should not stand.

Lord have mercy!!

Well said.

please dont waste your tears. Some argue " dont tag Nigeria as a failed state" but Nigeria is behaving like a failed state.

9ja for real. "good people, great soldiers",
they should have known that this is not Uncle Sam that rewards people for their hardwork after risking their lives for their beloved country.
they should have known that soldiers are not regarded as human beings in 9ja even by themselves. (nne mulu soja gba aka nwa).
they should just have continued the zombie- zombie march till they die and go to "soldier heaven".
who told them that soldiering and freedom of speech go together ? does koboko hear excuse me sir ?
can a shark win election on dry land?
they should have consulted the peoples parliament of Nairaland, and the parrot congress of Nigerian media, and then just relax while we saturate the air waves with the loudest squeally-squawky hulabaloo that will bring international shame to their superiors. then  aunty Dora and yara dull will begin the process of rebranding their jackboots.
I tell you the money will really go round with this line of approach.
but may God help them now, "good people , great soldiers"

But those caught depleting national amoury will be let free with only a sack.

What a joke!

yaraFUFU

rule of law

waka

I call him gwura gwura

By the way IKEY
I did an article on that rule of law somehow. check out my blog for it if you wanna know what rule of law means under uncle Gwura gwura!

this isn't surprising in a country where authority is fought for.

I was discussing this with my brother yesternight. I can't believe it. How can somebody get life imprisonment just for protesting his rights? When I saw the headline in newspaper yesterday, I thought it was the soldiers taht sold arms to Niger Delta militants, but when I read teh story and, about the same time, heard it on Channels TV, I can't believe it. This is the most ridiculous judgement I've ever heard.

Jarus:
I was discussing this with my brother yesternight. I can't believe it. How can somebody get life imprisonment just for protesting his rights? When I saw the headline in newspaper yesterday, I[b] thought it was the soldiers taht sold arms to Niger Delta militants,[/b] but when I read teh story and, about the same time, heard it on Channels TV, I can't believe it. This is the most ridiculous judgement I've ever heard.

Exactly my thot when I first saw the headline too

Well, shouldn't all these publicity be enough to overturn the judgement already??

As much as I know that the military likes to follow strict code of conduct, I would term this particular tribunal and her judgement as a big shame to the nigerian army.

Lawyer Femi Falana. . . . .counsel to the affected soldiers promised to appeal the judgement.