News 8
Daily Times Nigeria Wednesday, December 24, 2014
Lagos State Governor, Mr. Babatunde Fashola, SAN (middle) takes to the dancing floor with the Children during the 2014 Children’s End of the Year Party at the Lagos House, Ikeja, on Tuesday.
Our case against guilty verdict, by convicted soldiers Mustapha Ogunsakin
T
he 54 soldiers sentenced to death by firing squad have petitioned the Chief of Army Staff (COAS), Lt Gen. Kenneth Tobia Minimah, over the conduct of the General Court Martial (GCM) that tried them, alleging that the Nigerian Army gave them weapons that were inferior to the superior fire power of the Boko Haram insurgents. The soldiers were sentenced to death on December 19 2004 by the GCM in Abuja. Lawyers to the soldiers, Mr Femi Falana SAN and Major Femi Oyebanji, in their petitioned titled “Petition against the findings and death sentence passed on 54 soldiers by the GCM” urged the COAS to review the judgement and sentence because the GCM proceedings was geared towards convicting them at all cost. The soldiers are Pte Oton Asuabiat, Pte Nwachukwu Udo, Pte Ibrahim Saliu, Pte Abafe Sylvester, Pte Eze Isaac, Pte Abubakar Mohammed, Pte Samuel Machael, Pte Ishaya Musa, Pte Etim Peter, Pte Hermas Okpe, Pte Ahunanya Temple, Pte Ilesanmi S., Pte Solomon Ishaku, Pte Nasiru
Zubairu, Pte Audu Daniel, Pte Muhammed Abubakar, Pte Anas Awalu, Pte Babangida Jamilu, Pte Hashiu Ibrahim, Pte Mohammed Suleiman, and Pte Shehu Sa’adu. Others are Cpl Andrew Ogolekwu,, Cpl Saturday Ife, LCpl Henry Shaibu, LCpl James Maifada, LCpl Ndubisi Sabestine, LCpl Dauda Dalhatu, LCpl Kasega Aoso, LCpl Nwonu Friday, LCpl Joshua Frida, LCpl Anthony Simeon, Pte Olayode oluwasegun, Pte Tijjani Jimoh, Pte Kabiru Abubakar, Pte Mamuda Sywasan, Pte James Emmanuel, Pte Mukaila Musa, Pte Magaji Ahmadu, Pte Amao Bukola, Pte Wuyep John, Pte Oti Kelvin, Pte Ameh Mathew, Pte Olaitan Joseph, and Pte Kulukulu Endurance. The list also includes Pte Usman Isaac, Pte Ocheje Williams, Pte Adila Dangana, Pte Sunday Godwin, Pte Datti Hassan, Pte Abubakar Garba, Pte Joseph Dauda, Pte Chiemela Azubuike, Pte Abubakar Mohammed, Pte Anagu Mark, and Pte Danbaba Francis. They all faced a two-count charge of criminal conspiracy to commit mutiny against the authority of the 7 Division of the Nigerian Army, and mutiny contrary to the provisions
of Section 114 of the Armed Forces Act Cap A20 LFN 2004 and punishable under Section 97(1) of the Penal Code Cap P89 Laws of the Federation of Nigeria 2004. The lawyers claimed that all their objections to the participation of the Judge Advocate in the GCM were ignored outright. “At the commencement of the trial, the defence vehemently objected to the participation of the Judge Advocate in the General Court-Martial (GCM). Our objection was based on the fact that as the Assistant Director of Legal Service in the Army Headquarters Garrison, he is the legal adviser to the Commander, Army Headquarters Garrison who convened this GCM. His schedule of work includes reviewing of all cases in the Army Headquarters Garrison and advising the Commander on how to dispose of the cases; It was our contention that having participated in the investigation and inquiry into the subject matter or review of this case, he ought not to act as the Judge Advocate in this GCM in line with Section 134 (2) of the Armed Forces Act. Although the GCM overruled our objection, the Judge Advocate misled the President and
members of the GCM who are not lawyers but saddled with the responsibility to try the offence of mutiny which attracts the death penalty”. Each of the accused soldiers pleaded not guilty to the count charges. The prosecution opened its case by calling Lt Col. T. Opurum, the Commanding Officer, 111 Special Forces Battalion. The C.O stated that he was appointed the Commanding Officer of the 111 Special
Forces Battalion on July 10 2014. He averred that he took over only 4 x 10 soldiers because the unit was ambushed July 9, 2014, on their way to recapture Bulabulin from Boko Haram terrorists and that a total of three officers and 23 soldiers were killed in that attack while about 82 others had various degrees of injuries. Hence most soldiers had deserted the unit and that he made spirited efforts to persuade the soldiers to return.
Col Opurum further told the GCM that on August 4, 2014, he ordered the accused persons and other soldiers to advance and capture Delwa, Bulabulin and Damboa. He told the court that eight soldiers deserted the army while the 59 accused persons were part of the soldiers who refused to participate in the operation. He claimed that he had six Hilux Vehicles and an Armoured Personnel Carriers (APC) for the operation.
Obanikoro may pick Agbaje’s running mate Jonathan Eze
S
senator Musiliu Obanikoro may have conceded the Lagos Satate Peoples Democratic Party (PDP) ticket to his arch-rival, Dr. Jimi Agbaje, but not without a reward. As part of the resolutions at a peace parley held on Tuesday in Lagos, the former Nigerian Ambassador to Ghana, may have been asked to nominate the running mate to Agbaje. President Goodluck Jonathan had brokered a peace deal between Obanikoro and Agbaje with Chief Bode George and other party chieftains from Lagos State in attendance.
At the meeting, Obanikoro was pacified with the job of Minister of State for Defence, a position he left a few months ago to pursue his governorship ambition. At the Aso Rock meeting, President Jonathan was said to have expressed his worry that the disunity within the party could cause it to lose the state in the forthcoming general election, noting also that Obanikoro’s supporters may decide to decamp to another party or work against it. The President had also tasked Obanikoro to work with other leaders in the overall interest of the party urging all the leaders to form a common front to make them formidable.