There
is tension now in the Military as families another set of 60 soldiers who are
to be arraigned before a General Court Martial by military authorities in Abuja
on Thursday for mutiny are weeping and crying.
The
soldiers allegedly committed mutiny on August 4, 2014 by refusing to join troops
in Maiduguri for “an operation.”
Their
arraignment which is to take place at the Sani Abacha Barracks in Abuja comes
as The PUNCH gathered on Monday that some of the 12 soldiers convicted
on September 15, 2014 by the GCM had notified the Court of Appeal of their
intention to challenge their sentences.
The
GCM headed by Brig. Gen. C. Okonkwo had sentenced 12 out of 18
soldiers facing trial guilty of mutiny among other offences and sentenced them
to death. Five of them were however discharged and acquitted and
one sentenced to 28 days’ imprisonment with hard labour and reprimand.
The
soldiers were charged with mutiny among other offences, including
attacking the former General Officer Commanding the 7th Division of the
Nigerian Army, Ahmed Mohammed.
A
copy of the charge sheet filed against the 60 soldiers was obtained
by The PUNCH in Abuja on Monday.
The
charge sheet revealed that the soldiers, comprising two corporals, nine lance
corporals and 49 privates, are to be arraigned on two counts of conspiracy to
commit mutiny and mutiny.
The
accused allegedly committed the offences at the Mulai Primary School, opposite African
Independent Television in Maiduguri, Borno State on August 4, 2014 by
refusing to join “111 SF Bn troops” led by Col. E.A. Aladeniyi to Maimalari
Barracks in connection with an operation.
According
to the charge sheet, they “conspired to commit mutiny against the authority of
7 Division,” an offence said to be punishable under Section 91(1) of the Penal
Code Cap P89 LFN 2004.
The
soldiers were also accused of committing mutiny which is said to be punishable
under Section 52(1)(a) of the AFA CAP A20 LFN 2004.
The
charges are said to be triable in the GCM under Section 114 of the
AFA Cap A20 LFN 2004 and punishable under Section 91(1) of the Penal Code Cap
P89 LFN 2004.
The
two corporals are Andrew Ogolekwu and Saturday Efa.
The
charge sheet reads, “Count One: Criminal conspiracy to commit mutiny triable by
the General Court Martial by virtue of Section 114 of the AFA Cap A20 LFN 2004
and punishable under section 91(1) of the Penal Code Cap P 89 LFN 2004.
“Particulars
of offence: In that you at Mulai Primary School Camp opposite AIT Maiduguri on
or about 4 August 2014 conspired to commit mutiny against the authority of 7
Division.
“Count
2: Mutiny contrary to and punishable under section 52(1)(a) of the AFA CAP A20
LFN 2004.
“Particulars
of offence: In that you at Mulai Primary School Camp opposite AIT Maiduguri on
or about 4 August 2014 refused to join 111 SF BN troops led by Col. E.A.
Aladeniyi (N/9695) to Maimalari Barracks in connection with an operation.”
Indications
had emerged on Sunday that lawyers seeking to file an appeal challenging the
conviction of some of the 12 soldiers by the GCM had
not been able to have access to them.
There
were reports that the convicted soldiers had been moved from the Defence
Headquarters Garrison, Abuja to a detention facility at the Directorate of
Defence Intelligence, Lagos.
A
Senior Advocate of Nigeria, Chief Godwin Obla, who brought the
process of appeal on behalf of three of the convicted soldiers,
said his chambers had made unsuccessful attempts to get in touch
with them.
The
soldiers are Iganmu Emmanuel, Steven Clement and Andrew Ngbede.
Obla
told one of our correspondents on the telephone that the military
did not volunteer information on where the convicts were being kept.
He
said that the inability to locate them had hampered the completion of the
appeal process as they had not been available to sign some documents required
for the appeal.
The
SAN said, “We have been trying to get them (the soldiers) to sign for the
process; and because we have not been able to get them, we have not been able
to complete the process; there are things for them to sign.
“Nobody
has been able to tell us where they are being kept; nobody is volunteering
information; nobody has been able to tell us where they are.
“We
are just hearing that they have been moved to the Directorate of Military
Intelligence Cell in Lagos.
“We
will make the move so that the process would be filed on their behalf.”
Obla
also said that the filing process at the Court of Appeal had not been
completed because the findings against and the sentencing of the
soldiers by the GCM had not been promulgated and communicated to them.
He
said that the filing could only be made after the findings and the verdict of
the court martial had been promulgated and communicated to them.
Obla
said, “The findings and sentence by the General Court Martial need to be
promulgated and it is to be communicated to the convicts. It has not been
communicated to them.
“It
is after the findings and the sentence have been communicated to the convicts
that the filing can be made.”
A
lawyer from Obla’s law firm, Mr. Enokela Onyilo-Uloko,
said that the law firm of a former President of the
Senate, Chief Amah Ebute, was handling the defence of six of the
convicted soldiers.
He
listed those being represented by Ebute’s law firm as Jasper Braidolor, Friday
Onuh, Alao Samuel, Linus Alan, Ifeanyi Alukagbe and
Amadi Chukwudi.
He
said, “Nine of the soldiers are already before the Court of Appeal; the appeals
are within time; we are awaiting the hearing date from the Court of Appeal.
“A
motion for Stay of Execution is being filed to make sure they don’t tamper with
them.”
When
The PUNCH sought to know from the Director of Army Public
Relations, Brig. Gen. Olajide Laleye, if the conviction of the
soldiers had been confirmed by the Chief of Army Staff, Lt. Gen. Kenneth
Minimah, he said he was not aware.
“I
am not aware if the judgment has been confirmed or not; I don’t have that
information,” Laleye said
The
PUNCH had reported on Friday
that the Army might arraign 13 soldiers for cowardice and failure to obey
orders from their superiors to advance at the (war) front.
The
soldiers were said to have been directed to join their counterparts at the 7
Division, entrusted with the responsibility of coordinating the ongoing
counter-terrorism operation in the North-East early in the year.
60 Soldiers To Die By Hanging On Thursday Over Mutiny If Found Guilty: Check The List Below
Reviewed by Unknown
on
Tuesday, September 30, 2014
Rating:
Reviewed by Unknown
on
Tuesday, September 30, 2014
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