Tag: Army

LUCK smiled on 3,032 soldiers yesterday. There were resinstated to their jobs after being convicted by military courts for various offences.

In all, 5,000 were convicted, but only the 3,032 were lucky.

The reinstatement followed a recommendation by a military screening committee set up to review cases against the soldiers.

The officers and men were handed varying terms of imprisonment or outright dismissal for offences ranging from Absence Without Official Leave (AWOL), insubordination, indiscipline and theft among others.

Army Public Relations Acting Director Col. Sani Usman, who broke the news at a briefing in Abuja, said some of the convicted soldiers had their sentences upheld by the committee.

Col. Usman added that in some cases, the screening committee even made an upward review of years of imprisonment given to some of the convicted soldiers by the military courts.

The Army spokesman, however, said the cases of 66 soldiers who bagged the death sentence were not reviewed by the committee since their lawyers had appealed the verdict and the process was on.

Col. Usman expressed the commitment of the military to quashing the Boko Haram insurgency by December –  in line with the directive given the military and other security agencies by President Muhammadu Buhari.

“It is in that regard that we are working round the clock to meet up with the deadline in total synergy and cooperation with other services and security agencies,” he said, adding:

“It is also in keeping faith with the public that we are working with a renewed resolve to always keep Nigerians updated of our operations as well as other activities of the Nigerian Army.

“We would like to reassure  the President and indeed the good people of our great nation that we would definitely meet up with the three-month deadline and do the nation proud.”

Col. Usman acknowledged instances of misconduct and brutalisation of unarmed members of the public in various parts of the country by some “misguided” soldiers.

He said: “I want to state here that we are striving hard to improve our relationship with the public and we would not tolerate any act of indiscipline or misconduct form our troops.

“Therefore, I want to assure the public that in line with our procedures, we are taking appropriate measures to prevent such happenings and to sanction all those involved.”

These are busy times for the National Industrial Court (NIC), the high courts, the Court of Appeal and even the Supreme Court. Their hands are full adjudicating one dispute or the other. Not a few of these cases are by military officers who accuse the Army of wrong fully dismissing them. OLUKOREDE YISHAU examines the cases of Major Ekundayo Awoyomi, Lt-Col. K. S. Iberi, Brig-Gen Maude Aminu-Kano and others battling the Army

The weather is bright these days but certainly not for Ekundayo Awoyomi. There is nothing really bright in his heart. As far as he is concerned, he is not supposed to be at his home, off the Lagos-Abeokuta Expressway, Ahmaddiyya, on the outskirt of Lagos, especially, on work days.

Except when on vacation, he should be at work in the public relations directorate of the Nigerian Army, which he joined as a Lieutenant on March 1, 1978. But he has been on ‘forced’ leave since September 1990.

Most times, he is in his living room trying to keep himself busy. He is a portrait of resilience.

Awoyomi was eased out of the military as a Major 25 years ago. His disengagement letter bore no reason he was asked to go. Going by a military signal of August 2001, the minutes of the Army Council meeting where his retirement was approved was missing and “there is no disciplinary entry in the officer’s personal file”.

The Obokun, Oyo State-born sexagenarian has been turned to a fighter. He has written several letters, traversed court rooms since his sack. But 25 years after, the 1976 Psychology graduate of the University of Illinois, Chicago, United States (U.S.) is still searching for justice.

Awoyomi is not alone. Even by the Army’s admission, the list of soldiers who accuse their employer of wrongful termination of their employment has been growing. The explosion in their population began many years ago. So disturbing was the population that it was the main at a February 26, 2009 signal by the Directorate of Army Legal Services (DALS).

 

The Boko Haram 126

 

Barring the unforeseen, Justice Babatunde Adejumo of the NIC will be busy on October 19. His brief that day will include the case of some 126 soldiers sacked as a fallout of the battle to recapture Bazza in Adamawa State from Boko Haram in October last year. They were enlisted between 1979 and 2013.

The 126 were among 255 soldiers who were dismissed on January 13 and 14, over what the Army called alleged “disobedience to standing order and failure to perform military duties”.

The soldiers, who claimed to have been sacked through oral communication, took their case to court where they filed a suit marked NICN/ABJ/92/2015, before the NIC, sitting in Abu ja.

The plaintiffs are: four warrant officers  and others in the ranks of sergeants, corporal, lance corporal, and private. Among the sacked warrant officers are: Akanny Welcome, Davou Nta, Ibrahim Usman and Adediran Ogunmuyiwa.

Their dismissal, according to the officers, was communicated to them orally at their station by  Lt-Col. M.J Gambo and Garrison Commander, Gen. B.O Akinroluoyo.

But the Army claimed that the plaintiffs disobeyed their Commanding Officer Lt-Col. A. A. Egbejule, during a counter-attack by Boko Haram in Bazza.

But, a lawyer in Femi Falana’s law firm, Deji Morakinyo, argued that the soldiers were denied “inviolable opportunity to be heard and make representation in defence and to state their respective cases”.

According to Morakinyo, the  soldiers only retreated on the order by their Commanding Officer for “tactical withdrawal” after the terrorists regrouped and overwhelmed them with “AA anti-craft guns, APCS, RPGs, GPMGs, and other  sophisticated and superior weapons”.

Morakinyo added: “The claimants particularly aver that due to the insurgents’ counter-attack and the re-capture of Bazza from the personnel of the defendant (the Nigerian Army), their Commanding Officer, Lt.-Col. A.A Egbejule, in line with military tradition, ordered tactical withdrawal by the Joint Task Force (JTF) so as to re-strategise.

“The claimants further and particularly aver that consistent with military tradition, the Joint Force had to comply with the superior order of their Commanding Officer, hence they withdrew as ordered by their Commanding Officer.”

Now, they want the court to order the Army to pay them their salaries in arrears and other entitlements since they were sacked in January.

They are praying the court to pay them N1m each for breach of fundamental human rights to fair hearing and N5m each as the cost for prosecuting the suit.

But, the Army, through its notice of preliminary objection, filed by its lawyer, Commander A.A Abu, insisted that the plaintiffs were duly sacked and thus asked the court to dismiss the suit on the grounds of lack of jurisdiction.

Abu said: “The claimants were summarily tried, convicted and dismissed from service, thus this honourable court lacks requisite jurisdiction to hear and entertain the suit as constituted and conceived. This honourable court cannot sit on appeal on the summary trial of the claimant pursuant to sections 155, 125 and 179 of the Armed Forces Act.”

 

The cases of Lt.Col. K. S. Iberi and Gen. Aminu-Kano

 

Like the Boko Haram 126, Lt-Col. K. S. Iberi approached the Court of Appeal in Lagos, which ordered the then Attorney-General of Federation and Minister of Justice, Mr. Mohammed Bello Adoke (SAN) to reinstate him with immediate effect. Iberi who was fired on May 26, 1998 via a court martial, got the judicial reprieve in 2013.

The Court of Appeal also quashed the conviction and the two-year jail term slammed on him by the court martial, presided over by Col. Z. M. Yaduma. Iberi served his term of imprisonment before filing an appeal against his dismissal, conviction and sentence.

Justice Rita Pemu said there was no reason why the panel of the court martial would find Iberi guilty of the charges against him. He was accused of being involved in a trick or device to defraud.

The court ruled that there was no nexus to show that Iberi conspired with anybody to commit any crime or cheated one John Nwodo of N377, 000 and one 1300 Mitsubishi Bus with Registration No. BQ 628 AAA on the pretext of awarding a contract valued at N10 million from the Army Headquarters, Lagos.

The court also ruled that the participation of Iberi’s juniors, Major P. J. O. Bojie and Major R. J. Diri as substantive members of the court martial rendered the trial a nullity.

Another case the lost by the Army was that of Brig-Gen Maude Aminu-Kano, who was eased out of the Army as the commander of the Nigerian Army School of Finance and Administration (NASFA). In September 2005, a court martial was set up to try him for charges on circulation of false information on Col. N.E. Ekwale and Col. P.A. Toun.

Eight witnesses were called by the Army but Brig-Gen. Aminu-Kano pleaded not guilty to the charges and objected to the sitting of the court martial on the ground that the offence for which he was being tried in Abuja was committed under 81 Division in Lagos. He also argued that he had been pardoned for the offences he was being tried for.

The court martial saw no sense in his arguments and went ahead to sit on the matter. He was subsequently found guilty of all charges, convicted and sentenced to imprisonment. He was also sentenced to a reduction in rank for each count of the seven charges against him.

A displeased Brig-Gen. Aminu-Kano approached the Court of Appeal, which set aside the decisions of the court martial. The Army was dissatisfied and went to the Supreme Court. It was defeated. Justices George Oguntade, Francis Tabai, Ibrahim Muhammad, John Fabiyi and Olufunlola Adekeye, on February 29, 2010, relied on Section 171 of the Armed Forces Act. Cap. A20, Laws of the Federation of Nigeria, 1990 to defeat the Army.

The section states: “Where a person subject to service law under this Act (a) has been tried for an offence by a competent civil or court martial under service law; or (b) has been charged with an offence under service law and has had the charges dismissed, or has been found guilty on the charge on summary trial under this Act; or (c) has had an offence condoned by his commanding officer, he shall not be liable in respect of that offence to be tried by a court martial or to have the case dealt with summarily under this Act.”

The justices ruled that what the Army did to Brig-Gen. Aminu-Kano amounted to double jeopardy. He was reinstated and thereafter retired from the Army with his entitlements.

 

The curious case of

Major Awoyomi

 

Major Awoyomi has not been as lucky as Brig-Gen Aminu-Kano. It took Brig-Gen Aminu-Kano five years to right the wrong done to him. But, 25 years on, Major Awoyomi is still searching for justice. Many of his colleagues have since left the Army as generals.

In January 2000, Major Awoyomi petitioned the then President Olusegun Obasanjo, detailing his about plight, especially, his inability to receive pension after he was retired. The Directorate of Military Pension (DMP) had refused to pay on the basis that he was retired before clocking 15 years in the Army. Two months after the letter to the former President, Aliyu Mohammed, who was Chief of Staff, replied. He was given two options: to take his grievances to the Chief of Army Staff (COAS), or go to the Oputa Panel. He chose to go to the COAS. The Army Headquarters issued a letter, directing the DMP to pay his entitlements on the basis that he was retired “through no fault of his”.  But, the DMP has refused to pay his benefits and that marked the beginning of his legal battle being spearheaded by the Femi Falana Chambers. Coincidentally, the same firm is handling the Boko Haram 126 case.

In 2001, Falana instituted a case Awoyomi’s behalf at the Federal High Court, Lagos. As a result of the suit, the Army Department of Military Secretary conducted an inquiry and found out that Awoyomi was never disciplined before his retirement and that he was entitled to gratuity and pension.

An August 27, 2001 letter from the Army’s Legal Department, advised that it would be good to initiate out-of-court settlement “with a view to paying him his entitlements and obviating any embarrassment it may cause the NA”.

As a result of the legal advice, the Army re-issued the document asking the DMP to pay Major Awoyomi. The DMP stood its ground. The suit thus continued and six years later, on December 13, 2006, Justice Abdu Kafarati ruled that Major Awoyomi ‘s retirement was defective. The judge ordered that he should “be paid his salaries, allowances and all other benefits from the date of his purported retirement – that is 1990 to date”. The judge clarified that the date of the judgment should be taken into consideration as having formed part of his service years.

The Army neither appealed the ruling within the stipulated time nor obeyed it, despite the advice from the Attorney-General’s office, forcing Major Awoyomi instituted a committal proceeding against the Army chief on October 10, 2007.

On November 6, 2008, Justice Akinjide Ajakaiye ordered the then army chief, Lt-Gen Abdulrahman Dambazzau, to appear before him. For the more than a year the contempt proceeding lasted, the Army only sent a Lt-Col to represent it.

Justice Ajakaiye, on October 8, 2009, ruled that he could not commit the army chief and instead advised Major Awoyomi to seek ways of collecting his salaries and allowances. He was dejected.  The sexagenarian had no choice but to rely on a garnishee proceeding to get the Army to pay him.

After some dilly-dallying, the proceeding began and the Army was asked to calculate Major Awoyomi’s salaries, allowances and other benefits. When the Army was not forthcoming, Major Awoyomi did the calculation on his own. He came up with N67 million. He was, however, advised by lawyers to allow the accounts department of the court to do the arithmetic. It arrived at about N70 million.

On January 10, 2010, Justice Ajakaiye ordered the Army to pay Major Awoyomi about N70 million with 21 per cent annual interest. The Army subsequently did its own calculation arriving at N7 million as his allowances and salaries from 1990 to 2006. The calculations were done based on what Major Awoyomi was earning when he was retired and not on the subsisting salary scale of an officer of his rank.

 

A.E. Arinde and Co

representing the Army

 

By the time Justice Ajakaiye was setting aside his earlier order on June 3, 2010, a private law firm of A.E. Arinde and Co, had taken over the Army’s defence. It was brought in by the Army in 2007. This was despite the objection of the Ministry of Justice through a September 17, 2008 letter that the firm had no letter of fiat to do so. That notwithstanding, the judge ruled in the Army’s favour, approving N7 million as Major Awoyomi’s entitlements. Justice Ajakaiye did not approve the N5m calculated by the Army Pensions Board because as far as he was concerned the officer still remains in the Army.

Major Awoyomi had mixed feelings over the judgment. He was pleased with the order insisting that he remains an officer but displeased with the N7 million approved for him as salaries and allowances.

To him, a bird in hand is worth more than two in the bush so, he decided to take the money first and complain later. Still, the Army did not act on time. The court had to order its banker, Zenith Bank, to pay the N7 million.

The struggle continues

 

For Major Awoyomi and other aggrieved military personnel, there is no retreat, no surrender. The struggle continues. They believe that with victory coming the way of Lt.Col. K. S. Iberi and Brig-Gen. Aminu-Kano, there is hope.

After collecting the N7 million, Awoyemi believes there are other issues the court has to resolve.

The issues are:

• •Whether the private law firm of A.E. Airende and Co has the right to continue to appear for a government organisation without the fiat of the Attorney-General?
• Whether the Army and their solicitors have the right to set aside the order granted on January 12, 2010?
• Whether the calculation of the Army should take pre-eminence over the one done by the court’s account department?
• And lastly, whether the judge erred by upholding the March 22, 2010 counter affidavit of the Army?

And for the Boko Haram 126, they are eagerly awaiting October 19 for the hearing of their case at the Industrial Court. They may also get some respite from the new leadership of the Army, led by Lt-Gen. Tukur Yusuf Buratai, which is reviewing their cases.

We must prevent bandwagon effect, says military

The reason for the Army fighting tooth and nail to ensure Major Ekundayo Awoyomi does not receive salaries and allowances commensurate with the status of a general, which he would have become by now, can be gleaned from a DALS letter of February 26, 2009.

The letter shows that the Army was afraid of bandwagon effects. It feels there are many Awoyomis who latch on the development should the sexagenarian be allowed to have his way.

The letter reads: “At the FHC, the applicant insisted on reinstatement. At the out-of-court settlement, he seems to be asking for the whopping sum of one hundred and two million, eight hundred and fifty four thousand naira being total sum of salaries, allowances and other benefits accruable to an officer of his standing from the date of his retirement.

“The respondent seems to insist that he is entitled to the reinstatement and by his calculation, he should be entitled to reinstatement at the level of a general of the NA (Nigerian Army), rather than as a Major, since going by the court judgment, the retirement was a nullity and his mates in the NA are now generals. He should therefore earn a general’s benefits, i.e. commensurate with his rank he had not been retired unjustly.

“It would be preposterous to accept these terms of settlement and to that extent; it is advised that he is invited by the DOAA for a discussion with a view to a clear cut settlement. His going to the MOD to solicit a settlement is like putting the cart before the horse.

“Thereafter, any success achieved in consequence of DOAA intervention should then be communicated to the HMOD for his endorsement or further action. “Meanwhile, it is requested that AHQ efforts to keep the appeal against the judgment be continued to forestall negative bandwagon effect on numerous retired officers that feel unjustifiably treated by the NA.

“It is very safe to say that such type of officers who may want to take on the NA for having been retired against their will and acceptance are a large number.”

With this kind of position, it was not surprising that the Army went as far as the Supreme Court, which on May 20, threw out their case against Major Awoyomi because “this application is incompetent”.