Court martial: General rejects demotion

Posted by admin Armed Forces, Boko Haram, Headlines Monday, October 3rd, 2011

FORMER Brigade Commander of the 33 Artillery Brigade, Brig.-Gen. Muraina Raji, who is to lose three months in seniority over the escape of two Boko Haram suspects from the Wetland Detention Facility in Bauchi, has rejected the verdict.

Raji was convicted for conduct prejudicial to service discipline contrary to section 103 (1) of the Armed Forces Act. The verdict is, however, subject to appeal by the accused and ratification by the Military Council.

The brigade commander was found guilty by the court martial headed by Maj. Gen, John Zaruwa.

Raji, through his counsel, Mr. Femi Falana, said the verdict was “bizarre” arguing that he was convicted over an offence he was not previously charged.

Falana described the verdict as “contradictory and a legal anathema” for the court to slam a sentence on his client when the same court had discharged and acquitted him of all the initial three counts for which he was facing trial.

Raji was accused of failing to perform military duties punishable under section 62(b) of Armed Forces Act, CAP A20 Law of the Federation of Nigeria 2004 in that he, at Shadawanka Barracks between January 17 and February 18, did not provide guard/standing orders for soldiers detailed on duty at the detention facility.

He was also charged with failing to adequately assign responsibilities to officers under him to guarantee the safety of the detainees at the detention facility.

Faulting the judgment, Falana said while his client was discharged of all the three counts, a new charge relating to conduct inimical to military discipline was introduced.

He said, “After exonerating the general in its verdict, the Special Court Martial which sat in Jos, turned round, in a rather bizzare manner, to frame a new charge of conduct prejudicial to service discipline contrary to section 103 (1) of the Armed Forces Act against him. And without asking the accused officer to plead to the new charge and defend himself, he was convicted and sentenced to a three-month loss of seniority!

“Thus the SCM turned itself into the accuser, the prosecutor, the witness and the judge in a criminal case contrary to all known canons of natural justice.

“It is pertinent to point out that the fresh trial of our client violently offended section 103(2) of the Armed Forces Act which provides that the fact that an accused has been charged under sections 54-102 thereof shall be a defence to any charge under section 103(1) of the Act.

“Having discharged and acquitted General Raji under Section 62 (b) of the Armed Forces Act, his conviction in the circumstances did not take cognisance of his defence under the law.”

He added, “On this score, we strongly appeal to the Army Council to vacate the conviction and sentence unjustly meted out to our client. More so, that Lance Corporal Habu Ali and Lt.-Col. Roland Iyekoroghe had been convicted last week by the General Court Martial for their indictment in the escape of the two Boko Haram suspects.”

Falana, however, was happy with the expeditious manner the case was heard and determined, the rejection of the sentence notwithstanding. Falana had consistently accused the court of bias.

The six-man Court Martial was convened and inaugurated by the former General Officer Commanding the Division, Major-General Sunday Idoko, on Tuesday August 16.

-Punchwp_posts