The Nation Newspaper

Tag: mutiny

  • Army reads riot act to troops, says mutiny will not be condoned

    Maj.-Gen. Abbah Dikko, Theatre Commander of Operation Lafiya Dole, has said the military will not condone any act of mutiny by soldiers fighting Boko Haram.

    He gave the warning during a lunch at the Maiduguri Military Command Centre yesterday. He condemned the act of mutiny under any guise, maintaining that the law and ethics which the Nigerian Army was guided by would take its full course on errant soldiers.

    Dikko reminded them of their oath of recruitment pointing out that they voluntarily joined the military and as such must be disciplined.

    “You have decided to put your life on the line for the territorial integrity of Nigeria. So it is very important that we are reminded of our roles and responsibilities to the nation and our responsibility to the society, most importantly our responsibility to ourselves because we are not a conscript army. We are a regular military.

    “Those who have volunteered to serve and that is the only time you will volunteer, subsequently having offered your service, it is the responsibility of the services to deploy you where they find you appropriate.

    “So it is important that we continue to retain our professional comportment so that we can serve diligently. It’s important that we uphold the values and ethics of the system that we belong to,” said Dikko.

    The Theatre Commander was quoted by the News Agency of Nigeria (NAN) as adding that, “It is also important that we understand it is a service to our fatherland. It is not a service to ourselves.

    “The bedrock of your service as a soldier is discipline. A soldier must remain disciplined at all times. A soldier must obey instructions.,

    On the fate of soldiers who protested at the Maiduguri International Airport, Dikko said they would be disciplined in accordance with military laws.

    “We don’t punish in the military. We discipline. Discipline is the bedrock of the job. If there’s no discipline, then we can’t have an army.  So if a soldier errs, he must be corrected.

    “We are focused and doing what we are supposed to do in order to finish the assignment that we’re given. No matter what it takes, we’ll do it professionally.  Everybody is motivated and well catered for.

    “There are some that are not here and you don’t know what they’re going through. You cannot say you’ve heard them complaining that they’re not in the townships. Some are in locations that are out of reach. S o we must understand the difficult times we find ourselves,” said Dikko.

  • Nigeria condemns mutiny in Cote D’Ivoire

    Nigeria condemns mutiny in Cote D’Ivoire

    …Urges restraint, seeks dialogue

     

    The Federal Government of Nigeria has condemned the recent developments in Cote d’Ivoire in which a small fraction of the country’s Armed Forces mutinied against the Government.

    A statement by the Senior Special Assistant on media and publicity, Laolu Akande, said that Nigeria expressed strong and unflinching support for the Government of President Alhassan Ouattara and welcomed ongoing efforts at resolving the crisis.

    The Federal Government of Nigeria also urged the parties to the crisis to exercise maximum restraint remain calm and continue with dialogue and negotiations with the Government of President Ouattara.

    It urged the mutineers to return to their barracks and to refrain from any action capable of undermining the peace, security and democracy in the country.

    The Federal Government further urged the people of Cote d’Ivoire to remain steadfast in their support for the Government and to refrain from giving support to the mutineers in the overall interest of peace, tranquility, good order and prosperity of the country.

     

  • Falana seeks pardon for 70 soldiers serving 10 years for mutiny

    Falana seeks pardon for 70 soldiers serving 10 years for mutiny

    Lagos lawyers Femi Falana (SAN) has urged President Muhammadu Buhari to pardon 70 soldiers found guilty of mutiny by various military court martial since 2014.
    He made the request in a letter to the President on December 19, 2016, pursuant to Section 175 of the 1999 Constitution.
    The 70 soldiers, whose death sentence was commutted to 10 years imprisonment, are in custody at the Ikoyi and Kirikiri Prisons in Lagos State.
    Falana argued that since the demand of the convicted soldiers and others for weapons found justification in the criminal diversion of the fund provided for the purchase of arms and armament to fight terrorists, there was no legal and moral justification for the conviction and sentences imposed on them by the courts-martial.
    “In Your Excellency’s interview aired by BBC Hausa Service on December 28, 2015, you observed that “the government at that time sent soldiers to the battlefield without arms and ammunition to prosecute the war. That was what led some of them to mutiny. They were arrested and detained because of this.”
    “In the light of the foregoing, Your Excellency will agree with us that since the armed forces were not equipped to defend the territorial integrity of the nation the convicts did not commit mutiny or any other offence whatsoever in demanding for weapons to fight well armed insurgents. But assuming without conceding that our clients committed any offence they have suffered enough, having spent over three years in dehumanising prison conditions.
    “However, since the demand for weapons to carry out counter-insurgency operations in the Northeast zone was legitimately made by our clients under the Armed Forces Act, we urge Your Excellency to grant them pardon pursuant to Section 175 of the Constitution of Nigeria, 1999 as amended”, he pleaded.
    Falana listed grounds upon which he based his appeal.
    He said: “The courts-martial, which tried our clients, deliberately failed to take cognisance of Section 179 of the Armed Forces Act, which permits “a soldier, rating or aircraftman to make a complaint to his commanding office and that he shall not be penalised for having made a complaint.
    “The Arms Procurement Panel set up by Your Excellency has confirmed that the fund earmarked for the purchase of arms and ammunition was criminally diverted by former service chiefs and other senior military officers.
    “The indicted military officers are being prosecuted by Economic and Financial Crimes Commission for unlawful enrichment and criminal diversion of public funds.
    He argued that members of the armed forces are not excluded from the application of fundamental rights, right to life, right to personal liberty, right to fair hearing, and right to freedom from discrimination.”
    “In light of the foregoing, Your Excellency will agree with us that since the armed forces were not equipped to defend the territorial integrity of the nation the convicts did not commit mutiny or any other offence whatsoever in demanding for weapons to fight well armed insurgents. But assuming without conceding that our clients committed any offence they have suffered enough having spent over three years in dehumanising prison conditions”, he added.

  • No mutiny in 82 Division, says Army

    No mutiny in 82 Division, says Army

    •Military warns mischief-makers 

    The Army has denied the report aired on “Eastern Radio” and published by its affiliated groups on alleged mutiny and tribal war at Army Barracks, 82 Division, Enugu.

    Saying there was no truth in the story, it warned mischief-makers to desist from “unpatriotic and subversive acts”.

    Director of Public Relations Colonel Sani Usman, in a statement, said the attention of the Army was drawn to the report, which he described as a deliberate and calculated campaign of calumny aimed at misleading the public and causing disaffection among troops.

    He alleged that the story was circulated in the social media by a faceless and obviously subversive group, named “Eastern Radio”.

    According to him, the group created and posted a story, titled: “Tribal War at Army Barracks, 82 Division, Enugu. Three Soldiers Feared Dead”, on social media platforms.

    “They alleged that there was an altercation in an unnamed barracks in 82 Division over nomination for ‘peacekeeping operations’, which led to exchange of gunfire among troops, resulting in loss of lives.

    “Apart from obvious flaws and inconsistency in the narration, the Army wishes to state that no such incident occurred anywhere in the Army, let alone 82 Division.

    “In fact, the alleged reported incident existed only in the obviously negatively skewed minds of the authors of such fabrication,” Colonel Usman said.

    He added: “We wish to also reassure Nigerians that the Army remains a national institution, which emphasises peace, unity and mutual co-existence devoid of any sentiments or such variables as ethnic, tribe or religious differences.

    “Any attempt by any individual or group of persons to associate the military and indeed the Army with such will be a waste of time, energy and resources.”

    The Army spokesman said soldiers were proud professionals bound by discipline, love, loyalty, espirit-de-corps and love for our colleagues and country.

    “We would remain focused and would not be distracted by irritating campaigns of calumny or fabricated lies by some unscrupulous elements,” the statement added.

    The intent and goals of those who aired and published the story, he said, were to cause distrust among the troops and the country’s populace, saying such move was “an exercise in futility because the Army is cohesive”.

    “We would like to inform the public that the 82 Division is intact in all locations and deployments, same goes for all formations, units, cantonments and barracks,” he said.

    He assured the public of the chief of Army Staff’s commitment to protect life and property.

    Also yesterday, the 82 Division in Enugu dispelled rumours of the tribal mutiny among its men and officers.

    A statement in Enugu by the Deputy Director, Army Public Relations, Colonel H.A. Gambo, described the report as “baseless and a figment of the author’s jaundiced imagination”.

    “The public is hereby called upon to discountenance the storyline of ‘Eastern Radio’ and their affiliated secessionist groups.”

  • ‘Investigate mutiny charge’

    ‘Investigate mutiny charge’

    A military officer, Sgt Felix Elegbe, has urged the President-elect, Muhammadu Buhari, to investigate alleged mutiny charges against his friend, Military Warrant Officer, Stephen Aigbe, by the  Army in 1996.

    Aigbe was charged with mutiny in 1996; he was released 10 years later without his emoluments  and severance pay.

    Elegbe, in a statement yesterday in Ibadan, described Aigbe as a diligent, and loyal person, who has served the military meritoriously for 36 years without blemish.

    According to him, the mutiny allegation  was a ruse.

    “The most disturbing is that the officers who planned and perpetuated this  crime knew the consequences of their actions, hence they allowed the matter to be in abeyance for years.

    “The Chief of Defence Staff, the Chief of Army Staff and the Director of Defence Information should investigate the degrading treatment meted out to Aigbe. I beg you all not to ignore this issue, for he is a veteran without any emoluments or severance pay,” he said

  • Boko Haram: Buhari to decide fate of 72 death row soldiers

    Boko Haram: Buhari to decide fate of 72 death row soldiers

    The fate of the 72 soldiers sentenced to death for mutiny is to be determined by president-elect, General Muhammadu Buhari when he assumes office, The Nation has gathered.

    Most of the low- ranking soldiers were condemned to death by firing squad for refusing to fight against Boko Haram insurgents.

    The others were convicted for either inciting their colleagues to mutiny or protesting alleged non-payment of salaries, allowances and lack of equipment to repel the insurgents.

    However, they have approached the Federal High Court asking that their conviction by the court martial be set aside on the ground of lack of jurisdiction.

    Their applications were filed separately by Femi Falana(SAN), Olisa Agbakoba( SAN) and a former President of the Senate, Chief Ameh Ebute.

    The 72 are those found guilty from the over 300 arrested and charged by the military authorities.

    They include 54 soldiers from the 111 Special Forces Battalion of the 7 Division of the Army in Maiduguri; four from 81 Battalion of the same division and 12 others for firing at their then commanding officer, Maj-Gen. Ahmed Mohammed on May 14, 2014 at Maimalari Barracks, Maiduguri.

    The Nation gathered that the military authorities are being held back from acting on the verdict because of the applications filed by the condemned men.

    A top military source, who confirmed the development, said: “We may not be able to take action on the judgments of the Court Martial because there are some applications in court bordering on the jurisdiction of the tribunal, the Armed Forces Act, and fundamental human rights.

    “It will be sub judicial to act on any matter before the court. The military has to subjugate itself to the rule of law in a democracy like ours.

    “As it is now, we may have to leave the fate of these soldiers to the new administration to address.

    “The good thing is that the new government has placed premium on counter-insurgency in the North-East.”

    The source said the soldiers remain in custody ”pending judicial consideration of appeal applications.”

    Another source however said: “The case of the 72 soldiers is a major challenge for the military. We have never had such a high number of soldiers facing mutiny in Nigerian military.

    “The matter is also a booby-trap for Buhari, who is a no nonsense and highly disciplined Army General.

    “The final decision of the President-elect will have implications for military ethos. But it is certainly an issue he has to key into his counter-insurgency plan for the North-East.

    “And of course, we have the rule of law factor beclouding the entire case.”

    The counsel have asked the court to declare that “Section 133(3)(4) & (5) of the Armed Forces Act, dealing with the convening authority of Court Martial, is inconsistent with Section 36(1) of the Constitution and therefore null and void.

    “That the composition of the Court Martial was unconstitutional and contrary to Section 36(1) of the Constitution, which guarantees a fair trial to accused persons by a tribunal constituted in such manner as to secure its independence and impartiality.

    They want an order setting aside the decisions of the Court Martial made on September 16.

  • 300 officers, men on trial for mutiny

    300 officers, men on trial for mutiny

    No fewer than 300 military officers and men are on trial for mutiny because they refuse to go into battle against Boko Haram, it was learnt yesterday.

    A higly-placed military source said their refusal to fight embarrased the authority after they were provided all the requirments.

    He said:  “The military has addressed all issues and even provided these officers and men with sophisticated equipment but they refused to fight in some places.

     “They had allegedly failed to perform their duties in violation of sections 60, 61 and 62. No matter the situation, the law has to take its course. The military is not being wicked as being insinuated.”

    Section 60 says:  “(1) A person subject to service law under this Act who-(a) deserts; or (b) persuades or procures any other person subject to service law under this Act to desert,

    is guilty of desertion and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

    (2) A person convicted of an offence under subsection (1) of this section shall only be liable to be imprisoned for not more than two years if-

    (a) where the offence is against paragraph (a) of that subsection, he was on active service or under orders for active service at the time when it was committed; or

    (b) where the offence is against paragraph (b) of that subsection, the person in relation to whom it was committed was on active service or under orders for active service at that time.

    Section 61 deals with “assisting and concealing desertion and absence without leave”

    It reads: “A person subject to service law under this Act who- (a) knowingly assists any other person subject to service law under this Act to desert or absent himself without leave; or (b) knowing that a person subject to service law under this Act has deserted or   absented himself without leave, or is attempting to desert or absent himself without leave, fails to report that fact without delay, or fails to take any step in his power to cause that person to be apprehended, is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

    Section 62 borders on “failure to perform military duties.”

    It says: “A person subject to service law under this Act who- (a) without reasonable excuse, fails to attend for a parade or other duty of any description or leaves parade or duty before he is permitted to do so; or (b) neglects to perform, or negligently performs, a duty of any description, is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.”

    Yesterday, the Defence Headquarters said a suicide bomber was killed at a military checkpoint in Gombe while trying to escape after a failed mission.

    According to a statement by the Director of Defence Information, Maj-Gen. Chris Olukolade, the botched suicide mission took place in Bajoga.

    The statement said: “A suicide bomber who rammed into a military check point in Bajoga, Gombe State yesterday, failed to achieve his mission.

    “His attempt to escape also failed as he was brought down by vigilant soldiers when he tried to flee after hitting a military Armoured Personnel Carrier with his IED laden Honda car.

    “The explosives, which failed to detonate, have been evacuated and handed to the police.”

    The DHQ also confirmed the arrest of two bomb-making experts in Kano.

    “Also in Kano, security forces have raided a terrorists’ hideout in Nasarawa Local Government Area, leading to the arrest of bomb making experts who are already helping in the investigation into activities of bombers lately.  Officers believe that the efforts will yield useful clues.

     “Troops deployed in all locations of the counter terrorism campaign have been directed to sustain the tempo of operations all through the period of seasonal celebrations and ensure that the intention of terrorists to attack civilian target while avoiding troops is duly frustrated.”

  • Mutiny: Appeal to President Jonathan

    Mutiny: Appeal to President Jonathan

    SIR: I am deeply concerned with the case of the 54 Nigerian soldiers convicted of mutiny and sentenced to death by a court martial. The men, part of the Special Forces division ordered in August to retake three lost towns in Borno State were found to have refused to fight the terrorists.

    The facts on ground, however does not justify blatantly killing them.  On July 9, after the extremists reportedly killed 26 military personnel and seriously injured 82, the soldiers reportedly demanded to be properly armed. The point is – we are not sure if that happened. And whilst the front-line troops have consistently complained that they lack weapons and other ammunitions needed to face Boko Haram, the insurgents are known to have tanks, rocket-propelled-grenade-launchers and other heavy weaponry. It is obvious that venturing into such combat would have been a suicidal mission for these young men.

    In a similar case in September, 12 soldiers were sentenced to death for mutiny after firing at their commanding officer in Maiduguri. Since the lower-ranked soldiers have continued to bemoan the non-provision of weapons, it would suffice to say that there must be an atom of

    truth from what they are saying.

    As the Commander-in-Chief, I (with other passionate Nigerians) appeal to you to intervene and help save the lives of these young men. It will be grave injustice to kill soldiers who made a legitimate demand for equipment to fight the insurgents. The 54 Nigerian families shouldn’t be deprived of their joys anytime soon. Alongside other 43 soldiers on trial and those previously sentenced to death, let justice on the part of the military be tempered with mercy. We shouldn’t lose more Nigerians on the altar of Boko Haram. Nigeria must not shed their blood.

     

    • Prince Ifoh,

    Lagos

  • Mutiny: 54 soldiers to face firing squad, five freed

    Fifty-four of the 59 soldiers standing trial for mutiny and conspiracy to commit mutiny have bagged the death sentence. They are to face the firing squad having been found guilty of the offences.

    The General Court Martial, which has been sitting since October, however, discharged and acquitted five of the soldiers.

    Delivering the judgment at the Mogadishu Cantonment, Abuja Wednesday night, chairman of the GCM, Major General Musa Yusuf, said the soldiers reserved the right to appeal the verdict at a higher authority.

    The 59 soldiers were among the troops engaged in counter insurgency operations in Borno, Yobe and Adamawa states, where the Boko Haram insurgents have taken over a number of Nigerian towns and villages in Northeastern Nigeria.

    The soldiers were accused of refusing lawful orders to fight, an offence the military authorities described as conspiracy and mutiny.

    The first batch of soldiers that were tried for mutiny also bagged the death sentence for shooting at their commanding officer. The verdict is being appealed by their lawyers.

    All the 59 soldiers had pleaded not guilty to the charges preferred against them by the General Court Martial during the trial.

  • Of mutiny and military court-martial

    SIR: Mutiny has become a subject of public debate after a military court martial handed down death sentences to 12 out of the 18 soldiers recently and subsequent commencement of the trial of another 97soldiers consisting of four officers and men.

    What is mutiny? Section 52 (1, a & b) of the Armed Forces Act, 1994, affirms that a person subject to service law under this Act, “who takes part in a mutiny involving the use of violence or the threat of the use of violence …  refusal or avoidance of any duty or service against, or in connection with operations against the enemy, or the impeding of the performance of that duty or service; or to disobey the authority … is guilty of an offence under this subsection and liable, on conviction by a court-martial, to suffer death.”

    The Armed Forces Act is an aggregation of rules guiding the operations of the armed forces of the federal republic of Nigeria. It is a body of principal laws strictly meant to be obeyed by all soldiers who subscribe to it under the military service law. Part XII of the Act clearly defined various offences and the attendant consequences upon infraction. One serious deviant act within the military and which of course attracts disastrous consequences is mutiny.

    Every public service comes with its condition of service and the mutineers explicitly failed to take refuge under Section 179(2)(4) of the Armed Forces Act (Redress of Complaints) which states that; “If a soldier, rating or an aircraftman thinks himself wronged in any matter by his commanding officer, either by reason of redress not being given to his satisfaction on a complaint under subsection (1) or of any other reason, he may make a complaint with respect thereto to any Army, Naval or Air Force officer…  provided he/she shall first exhaust the administrative remedies available to him under this section before embarking on any other action.”

    Fortunately, there is a window of opportunity in section 149 of the same Military Act to appeal decisions of court martial even to the High Courts. Those already sentenced are therefore encouraged to take advantage of this window to ventilate their arguments.

    However, military service rules and procedures are too secretive for public appreciation. Therefore, they need urgent reforms adaptable in civil environment and for operational efficiency. There should be a systematically laid down channel of redressing complaints other than through an officer who might even be the reason for the complaint. The military should not only court martial the soldiers but investigate further the rationale behind general misconduct in the military.

    • Sunday Onyemaechi Eze

    Samaru Zaria, Kaduna State