Nigerian Army’s season of courts-martial

“Many soldiers pulled off their uniforms and ran with us,” a fleeing resident of Bama was quoted saying in a news report. Many reports echo same, building up into an image problem for the Nigerian Army. Military investigators are likely to find out if that is true, and soon. If that truly is the trend […]

“Many soldiers pulled off their uniforms and ran with us,” a fleeing resident of Bama was quoted saying in a news report. Many reports echo same, building up into an image problem for the Nigerian Army. Military investigators are likely to find out if that is true, and soon. If that truly is the trend since the war against Boko Haram began, more personnel are likely to face court-martial for abandoning the battle. Many soldiers have since been pulled out of the armed forces for several offences and awaiting their fate at various military detention centres across the country.
Scores are awaiting death, having been so sentenced through court-martial. Many more are also sentenced to some periods of imprisonment, even as others are allegedly dismissed, with some awaiting trial. Reports from time to time indicate that soldiers in the warfront have consistently alleged failure of the Federal Government (FG) to properly arm them to confront the insurgents, whom they claim have more sophisticated weaponry.
Soldiers have also allegedly complained of poor operational conditions and failure to pay them their legitimate allowances while on duty.  But Defence spokesman, Major-General Chris Olukolade and the military hierarchy have at different points denied the allegations. However, prior to the soldiers’ open grumblings about lack of appropriate and adequate weapons to confront the rampaging insurgents, Borno State governor, Alhaji Kashim Shettima had lamented about how ill-equipped Nigeria soldiers in the states were.
After months of the FG’s failure to address – or even accept – the complaints arising from the battlefield, the spirit of revolt heightened as they routinely witnessed their poorly-equipped colleagues killed. Following the development, soldiers of the 7 Division in Maiduguri, Borno State, reportedly angered by the corpses of their colleagues slain a few days back by insurgents had on May 14, allegedly opened fire at a car carrying the Commanding Officer, Major-General Ahmadu Mohammed. At least, 18 of the aggrieved soldiers were arrested and arraigned before a military General Court Martial (GCM) on a six-count charge of alleged involvement in a mutiny. Brigadier-General Chukwuemeka Okonkwo who chaired the military tribunal stated the charges against the soldiers as insubordinate behaviour, false accusation, mutiny, absence without leave (AWOL) and conduct offensive to service discipline.
During the trial, 12 of the accused soldiers were found guilty on different counts and sentenced to death by firing squad. But the 13th convicted soldier, Private Ichocho Jeremiah was found guilty accordingly, but comparatively, he got 28 days imprisonment with hard labour, which implies that he must have been freed by now.
The 12 convicted mutineers facing firing squad are, namely:  Corporal Jasper Braidolor, Corporal David Musa, Lance Corporal Friday Onun, Lance Corporal Yusuf Shuaibu, Lance Corporal Igomu Emmanuel, Private Andrew Ngbede, Private Nurudeen Ahmed, Private Ifeanyi Alukhagbe, Private Alao Samuel, Private Amadi Chukwudi, Private Allan Linus and Lance Corporal Stephen Clement. The lucky five acquitted were Corporal David Luhbut, Corporal Muhammed Sani, Private Iseh Ubong, Private Sabastine Gwaba and Private Inama Samuel.
But while Nigerians were yet to reconcile or even come to terms with the reality of the development, more soldiers allegedly declined instructions from their commanding officers to advance to the battle front, citing the same reasons of inferior weapons and low morale. In response, the Nigerian Army arraigned another batch of 97 soldiers, including 15 officers on October 15, 2014 over allegations of mutiny. The military tribunal, headed by Brig-Gen Musa Yusuf which sat at the Army Headquarters, Garrison, Abuja presented a charge sheet which claimed that the soldiers’ standing trial rejected orders from their commanding officer to advance on an operation to recapture Delwa, Bulabulin and Damboa in Borno State from insurgents. Additionally, they were charged for mutiny, assault, absence from duty (AWOL), house-breaking and disorderly behaviour.
The wave of trials shifted to Jos, Plateau State, as military authorities arraigned another batch of about 12 officers and 92 soldiers. They were arraigned for alleged offences committed during counter-insurgency operations in the North-East region, particularly soldiers on ground on the day about 300 schoolgirls were abducted from Chibok, the attack on Giwa Barracks and the military withdrawal at Buni Yadi among other unchallenged attacks by insurgents.
The court-martial was chaired by Colonel J. J. Ogunlade and documents suggest two Lieutenant Colonels, one Major and eight Captains among others, were tried. The accused personnel have since been tried, convicted and sentenced to various jail terms, some for as much as two years, over charges bordering on failure to perform military duty, cowardice, negligent amongst others. While the dust was yet to settle, military authorities prepared   another batch of 22, out of 80 accused of mutiny, for arraignment in Lagos. January19th, 2015 is the tentative date for their arraignment.  
In another trial in Abuja, five soldiers were arraigned on mutiny charges and four of them were sentenced to death on December 24th, 2014, while one was acquitted. But in what appears to be the biggest, the Nigerian Army allegedly dismissed 203 soldiers after a court-martial. Reports said the secret court-martial held in the dead of night for soldiers who allegedly disobeyed orders from their commanding officer.
Like in previous instances, the sacked soldiers were allegedly scheduled to be conveyed in a truck to Bama and Gwoza, presently under the control of Boko Haram, to battle the terrorists. One of the victims of the mass purge was quoted as saying the troops slated for the assignment allegedly requested for support equipment. The dismissed soldiers said to be from the 7th division in Maiduguri, were allegedly detained by the army for over 90 days before dismissing them after  the nocturnal  trial, having  owed  them five months of  unpaid salaries.
But as a legal tsunami of court-martials result in death sentences, dismissals and detentions, Nigerians have not only faulted the trials, but have also demanded for the pardon of the officers. This is in addition to appeals in court over some of the cases.
Lagos human rights lawyer, Femi Falana, who is also a counsel to the 54 convicted soldiers, faulted the judgment in a statement, saying it is not mutinous for the soldiers to demand for equipment to fight insurgents. The battle for the freedom of the convicted soldiers has also taken a new dimension as the United Nations is weighing in on the Nigerian government to halt the execution of the service personnel.
Nigerian human rights group, the Socio-Economic Rights and Accountability Project (SERAP) is also requesting the United Nations rapporteurs to intervene to halt the pending mass executions of soldiers sentenced to death by firing squad for refusing to fight the militants.
SERAP said the courts-martial held in secret were “a mockery of justice” and that there ignored issues raised by the condemned men that “suggest lack of transparency, accountability and general deficiencies” in the handling of the security budget and arms purchases.
The United Nations is reported to have promised to take appropriate actions over the execution of 54 soldiers sentenced to death by the Nigerian Army on December 17. The UN Special Rapporteur on Extrajudicial Summary or Arbitrary Executions, Christof Heyns,  said in a  reply to SERAP that “Appropriate action, including communication to the government of President Goodluck Jonathan, is being considered regarding the imminent execution of 54 soldiers in Nigeria.”
A Federal High Court sitting in Abuja ordered the Nigerian Army to stay the execution of the death sentence passed by a court-martial of 12 soldiers. Justice Gabriel Kolawole made the order October 28, 2014, following a case of violation of fundamental rights filed on their behalf by the former President of the Nigerian Bar Association, Dr. Olisa Agbakoba against army authorities and the Attorney-General of the Federation.
But the widespread outcries against the conviction of soldiers has not deterred the army, while issues that give rise to mutiny have continued to fester in the warfront.
At a press briefing in Abuja, December 31, 2014, the director of Public relations of the Nigeria Army, Brig. Gen. Olajide Laleye said the convicted soldiers were tried in accordance with military laws and that due process was followed. He added that the strict enforcement of service regulations and laws by the army is paying off in the war against Boko Haram.
“Troops are now better attuned to the reality of our national security emergency. Cases of unprofessional conducts have been significantly reduced. The army notes with satisfaction that troops fighting spirit, courage, determination and patriotism have been rekindled,”   Laleye affirmed.
As the courts-martial continue and more military personnel are being sucked into the storm’s eye, the terror campaign of Boko Haram rage on.