Nigerian Army court-martials 18 soldiers over alleged plot to kill General, 12 of them Sentenced to death

In African

List of all charges

Count 1:

Statement of Offence: Criminal conspiracy to commit mutiny triable by court martial by virtue of Section 114 of AFA and punishable under Section 97(1) of the penal code CAP P89, laws of the Federation of Nigeria.

Particulars of offence: In that you on or about 14 May14 at Maimalari Cantonment in Maiduguri conspired to incite other personnel of 101 Bn to commit mutiny.

Count 2:

Statement of Offence: Mutiny punishable under Section 52(1) (b) of AFA CAP A20, Laws of the Federation of Nigeria, 2004.

Particulars of Offence: In that you between 13 and 14 May 14 at Maimalari Cantonment in Maiduguri fired sporadically with intent to incite other personnel of 101 Bn against the authority of 7 Div.

Count 3:

Statement of offence: Attempt to commit offences (murder) contrary to Section 95 and punishable under Section 106 of AFA CAP A20, laws of the Federation of Nigeria, 2004.

Particulars of Offence: In that you on or about 14 May 14 at7 DMSH Maimalari Cantonment in Maiduguri without justification attempted to kill Maj. Gen. A Mohammed (N/7915), the GOC 7 div( as he then was) by firing shots on his official vehicle (Command Jeep) which hit the right door where he sat.

Count 4:

Statement of offence: Disobedience to particular orders punishable under Section 56(1) of AFA CAP A20, laws of the Federation of Nigeria, 2004.

Particulars of Offence: In that you on or about 14 May 14 at Maimalari Cantonment in Maiduguri wilfully disobeyed an order by LT Col E Azenda (N/10517), 2i/c 101 Bn to allow the corpses of 101 Bn personnel killed in action on 13 May 14 to be moved to UMTH mortuary by preventing the movement insisting on the arrival of the GOC before such movement could take place.

Count 5:

Statement of Offence: Insubordinate behaviour contrary to and punishable under Section 54 (1) (b) of AFA CAP A20, laws of the Federation of Nigeria, 2004.

Particulars of Offence: In that you on or about 14 May 14 at Maimalari Cantonment in Maiduguri uttered abusive language “that officers are cowards” with threat to shoot the officers if they did not leave the premises.

Count 6:

Statement of Offence: False accusation contrary to and punishable under Section 94 (a) of AFA CAP A20, laws of the Federation of Nigeria, 2004.

Particulars of Offence: In that you on or about 14 May 14 at Maimalari Cantonment in Maiduguri accused Lt Col E Azenda (N/10517), 2i/c of 101 Bn of conspiring with other officers to kill 101 Bn soldiers.

Names of the accused soldiers, their ranks and service numbers:

96NA/ 42/6235 Cpl Jasper Braidolor

96NA/ 43/ 10277 Cpl David Musa

05NA/ 57/ 3451 LCpl Friday Onun

09NA/ 64/ 4905 LCpl Yusuf Shuaibu

09NA/ 62/ 1648 LCpl Igono Emmanuel

09NA/ 64/ 4214 Pte Andrew Ngbede

10NA/ 65/ 8344 Pte Nurudeen Ahmed

10NA/ 65/ 7084 Pte Ifeanyi Alukhagbe

13NA/ 69/ 2898 Pte Alao Samuel

13NA/ 69/ 2907 Pte Amadi Chukwudi

13NA/ 69/ 2898 Pte Allan Linus

93NA/ 36/ 1542 Cpl David Luhbut

97NA/ 45/ 7423 Cpl Muhammed Sani

03NA/ 53/ 816 Lcpl Stephen Clement

09NA/ 62/ 1648 Inama Samuel

09NA/ 64/ 5858 Iseh Ubong

10NA/ 65/ 6912 Ichocho Jeremiah

10NA/ 65/ 7343 Sabastine Gwaba

 

The soldiers face a six-count charge to commit murder and mutiny.

The Nigerian Army has court–martialled 18 soldiers involved in an alleged mutiny in May, in which revolting troops opened fire at a car carrying the commanding general of the army’s 7 Division in Maiduguri, Borno State.

Military sources said the General Officer Commanding, GOC, of the newly-created 7 Division, Ahmadu Mohammed, a Major General, was targeted by soldiers who blamed him for the deaths of their colleagues.

The attack in Maimalari cantonment, on May 14, humiliated the Nigerian military at a time the force came under international spotlight over the abduction of nearly 300 school girls in Chibok by the extremist Boko Haram sect.

Official said at the time that the rebellious soldiers were infuriated over the ambushing and killing of their colleagues by Boko Haram – an attack the soldiers blamed their superiors for.

In details , the soldiers have been charged for attempted murder and mutiny.

The internal memo, signed by the Commander, Army Headquarter Garrison, B.T. Ndiomu, ordered the constitution of a General Court Martial, to be presided by C.C Okonkwo, a Brigadier General.

Mr. Ndiomu, also a Brigadier General, ordered that the court martial be assembled at the garrison’s conference hall on June 26.

The military court is made up of seven members, two waiting members, a judge advocate and two prosecuting officers.

Others members include: a liaison officer, a contact officer, two officers authorized to sign any amendment convening officer and eight other soldiers who form a court secretariat.

The army accused the soldiers of attempting to kill the GOC, Mr. Mohammed.

The soldiers had blamed the general for the deaths of their colleagues killed in an ambush near Chibok.

Sources said  that the soldiers were ambushed while on a special operation in Kalabalge Local Government Area where locals on a Tuesday morning killed about 150 insurgents and arrested 10 others.

After the operation, during which some military equipment were recovered from the insurgents, the soldiers, who arrived the operation location at night, were asked to return to Maiduguri.

The soldiers reportedly pleaded to be allowed to return to Maiduguri the next morning, as the night trip would be too risky.

Their request was allegedly turned down and the troop had to drive to Maiduguri at night.

“Those commanding the troop declined their request to pass the night in one of the villages on the grounds that the top ranks at the headquarters of the 7 Division would not be pleased if they don’t go back to Maiduguri that night,” said a ranking soldier, who sought anonymity.

The 7 Division, recently formed, is located in Maiduguri, the capital of the troubled Borno State.

But halfway through their journey, they ran into a Boko Haram ambush and 12 of them got killed while some others were injured, sources said.
The military later claimed that only four soldiers died in the ambush, before it increased the figure to six.
The survivors, in what seemed a vengeance mission, launched an attack on their commander, Mr. Mohammed, when they eventually arrived in Maiduguri.

Mr. Mohammed, a Major General, was immediately redeployed to another command which the military did not reveal.

In its version of the attack on the GOC, the military claimed the soldiers did not shoot at their commander, but merely fired into the air.

“The fact of the matter is that troops on patrol around Chibok were ambushed by insurgents yesterday. Troops engaged the insurgents in a fierce combat and extricated themselves from the ambush killing several insurgents.

“Four soldiers however lost their lives during the ambush.

“On evacuation of the remains of the fallen troops, the General Officer Commanding addressed the troops who registered their anger about the incident by firing into the air,” the military spokesperson, Chris Olukolade, a Major General, had said in a statement.

But in the charge sheet signed by Mr. Ndiomu, the army said the soldiers’ bullet only missed General Mohammed by a hair’s breadth, as at least one bullet struck the rear right door of his Sports Utility Vehicle, where the general sat.

“In that you on or about 14 May 14 at7 DMSH Maimalari Cantonment in Maiduguri without justification attempted to kill Maj. Gen. A Mohammed (N/7915), the GOC 7 div( as he then was) by firing shots on his official vehicle (Command Jeep) which hit the right door where he sat,” the charge reads.

After the attack in Maiduguri, the Nigerian Army arrested the soldiers and instituted a military board of inquiry into the circumstances surrounding their conduct.

The army charged 11 of the 18 soldiers with criminal conspiracy to commit mutiny among others.

The soldiers face a six-count charge of committing mutiny, criminal conspiracy to commit mutiny, attempted murder, disobedience to particular orders, insubordinate behaviour contrary to and punishable under the law, and false accusation.

The charge sheet read that the soldiers inspired other military personnel of the 101 battalion to commit mutiny and also accused E. Azenda, a Lieutenant colonel, who is the Second in Command of the 101 battalion, of conspiring with other officers to kill the soldiers.

One of the charges read “that you between 13 and 14 May 2014 at Maimalari cantonment in Maiduguri fired sporadically with the intent to incite other personnel of 101 battalion against the authority of 7 Division.”

Punishment for the offences under the Armed Forces Act include; death, imprisonment, dismissal with ignominy from the Armed Forces, a fine of a sum not exceeding the equivalent of three months’ pay among others.

The accused soldiers are entitled to a defence counsel of their choice. However, the convening officer must be informed of the defence counsel 24 hours before trial commences.

The convening officer is also expected to appoint a counsel if the accused persons fail to secure one.

The president of the GCM is expected to submit six bound copies of the proceedings of each case to Mr. Ndiomu not later than six weeks after the end of the trial.

 

Judgement

Twelve of the convicted soldiers were sentenced to death, five were discharged and acquitted while the remaining one was jailed for 28 days with hard labour.

The soldiers had on May 14, 2014 fired shots at the General Officer Commanding the newly created 7 Division of Nigerian Army, Maj. Gen. Ahmed Mohammmed, in Maiduguri.

The act is viewed in the military as mutiny.

Those discharged are David Robert, Mohammed Sani, Iseh Ubong, Sebastine Gwaba and Naaman Samuel.

Jeremiah Echocho was sentenced to 28 days with hard labour.

Those who were sentenced to death are Jasper Braidolor, David Musa, Friday Onuh, Yusuf Shuaibu, Igonmu Emmanuel, Andrew Ugbede, Nurudeen Ahmed, Ifeanyi Alukagba, Alao Samuel, Amadi Chukwuma, Alan Linus, and Stephen Clement.

They were found guilty of criminal conspiracy, mutiny, attempt to commit murder (shooting of the vehicle of the GOC); insubordination to a particular order; insubordination and false accusation.

The President of the Court Martial, Maj. Gen. C.C. Okonkwo, said the 12 soldiers were found guilty of three of the most heinous charges bars.

The legal team of the convicts pleaded with the court martial to temper justice with mercy.

The team reeled out pathetic stories about the family backgrounds of the convicted servicemen.

One was said to be the only son of his octogenarian widowed mother.

Another is the father of a five-month-old baby.

The defence team argued that giving them maximum sentence would do more harm than good, adding that it would increase the agony of their dependants.

The attack on the GOC and his men reportedly occurred when they visited the cantonment.

The Maimalari Cantonment is the headquarters of 7 Division, the newest Division of the Nigerian Army.

Military sources said that soldiers at the cantonment had been complaining of insufficient ammunition, food and allowances prior to the GOC’s visit.

They were also reportedly unhappy and their morale was at its lowest ebb because there had not been troop rotation for a long time since their deployment to combat Boko Haram terrorists in the North- East.

“The GOC’s visit coincided with the arrival of the corpses of soldiers killed in an ambush in Chibok on the night of May 13, 2014.

“The apparently agitated soldiers, on sighting the corpses of their slain colleagues became hysteric. Some opened fire on the GOC, who was lucky to have escaped unhurt. However, the bullets hit and seriously injured some of his bodyguards, who also fled to safety,” the source said.

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