EXCLUSIVE: Inside legal battle before Nigerian military sentenced 54 soldiers to death December 19, 2014Premium Times On Wednesday, the Nigerian Army’s 7 division General Court Martial convicted 54 soldiers of conspiracy to commit mutiny and mutiny and sentenced them to death by the firing squad. In a trial that began in October, the soldiers from the 111 Special Forces were charged for disobeying a direct order from their commanding officer, Timothy Opurum, a Lieutenant Colonel, to take part in an operation to recapture Delwa, Bulabulin and Damboa in Borno State from Boko Haram Terrorists on August 4. Some of the accused soldiers testified that they refused to take part in the operation following the failure of the army to provide them with the necessary support equipment. They explained that owing to a lack of equipment, they had lost three officers, 23 soldiers plus 83 others with various injuries after their units were ambushed by Boko Haram fighters during an operation to retake the town of Bulabulin in Borno on July 9. Some of the accused soldiers said they did not attend the briefing where the operation was announced, while others said they did not join the mission because they were ill and there was no medical personal attached to their unit to give medical assistance. Two other soldiers said they were given leave to attend to some administrative problems as at the time of the briefing. Much of the trial was conducted in secrecy as journalists were barred mid-way into the deliberations. PREMIUM TIMES has obtained a copy of the closing addresses of the prosecution and defence just before the soldiers were convicted and sentenced. Below are some of the main points argued by the opposing counsels: The Prosecution The prosecuting counsel, JE Nwosu, an army captain, in his closing address argued that the soldiers conspired to commit mutiny by refusing to obey a direct order from their commanding officer to take part in the operation. Citing related cases and judgements, Mr. Nwosu argued that on the first count of conspiracy to commit mutiny, the accused need not have met, held a meeting or communicated among with one another to fall foul of the charge. “My Lords, as the court held in Nwosu Vs The State (supra), proof of how the conspirators connected with or among themselves is not necessary,” he said. “Indeed these soldiers need not know each other. They need not have even started the conspiracy at the same time. Also express words need not pass between each and every one of the conspirators who do not even have to meet physically.” He said the soldiers were walking “lackadaisically” in camp and refused to attend the briefing. He said they refused to leave their trenches and tents even after the commanding officer personally went to them individually to plead with them to be part of the operation. He said the soldiers’ demand for provision of adequate support equipment before they take part in the operation was a “hollow excuse.” “The situation was so terrible that commissioned officers had to drive operational vehicles themselves since Bn drivers were part of the mutineers,” he said. “All the actions of the accused soldiers happened at the same time and the prosecution contends strongly that they shared a common criminal intention to mutinise against the authority of 7 Div. The prosecution humbly submits that there must not be a formal meeting of the conspirators before they could be said to have conspired,” he said. Mr. Nwosu argued that the soldiers were guilty of mutiny as charged for refusing to obey a direct order from a superior to take part in an operation for which they are paid. He said the soldier chose to join voluntarily and should have explored the available channel of leaving if they felt they cannot cope. “My Lords, as very senior officers you are aware that the (Nigerian Army) is not a conscript army. Joining the NA is a voluntary act and if a service personnel feels he cannot cope, there is a procedure
Posted on: Fri, 19 Dec 2014 07:30:04 +0000
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