Service discipline: Army court-martials two generals

Service discipline: Army court-martials two generals


The authorities of the Nigerian Army have convened a Special Court Martial to try two senior officers of the service, Maj. Gen. Ibrahim Sani and Maj. Gen. Patrick Falola.


It was gathered that because of the status of officers involved in the court martial, the convening order for the court was personally signed by the Chief of Army Staff, Lt. Gen. Tukur Buratai.

The members of the court who were sworn in by the Judge Advocate, Col. Saeed Musa, were the Chief of Policy and Plan of the Nigerian Air Force, (President), AVM Iya Abdulahi, Rear Admiral Peter Agba, and Rear Admiral Edwin Enechukwu.

A look at the constitution of the court sitting at the Army Headquarters, Garrison, at the Mogadishu Cantonment, Abuja, showed that no single Major General of the Nigerian Army was included as a member apart from the Judge Advocate whose responsibility “is to serve as a guide to the panel.”

A senior Army officer told our correspondent that the Air Force and Naval top shots were appointed as members of the high profile panel because it was a Special Court Martial.

While Falola was the Commander, 68 Hospital, Lagos,  Isah was the Chief of Army Transformation and Innovation Centre until the Army authorities decision to post them for jurisdiction.

The accused persons are being ‘accused of offences bordering on service discipline.’

No specific offences were read out to them during the sitting as the military authorities had not drafted the charges for which the officers were brought to the court on Thursday.

After the swearing in of the officers of the court and the introduction of the counsel for the accused, the court adjourned sitting to May 9, 2016 to commence hearing into the case of Falola.

Shortly after the introduction of the members of the court, the two generals were asked if they had objection to the constitution of the panel to which they all answered in the negative.

A demand by the lead counsel for the prosecution, Lt. Col. Ukpe Ukpe, that the Judge Advocate should also put himself forward for the same procedure as was done by the members of the court was turned down in accordance with the stipulations of military laws.

The President of the court, AVM Gbum assured the parties that the trial would not be delayed in the interest of justice.

Gbum also directed the prosecution to serve the necessary documents on the accused or their defence team at least 24 hours before their arraignment in accordance with constitutional provisions.

The Court’s President’s directive followed an observation by the counsel for Sani, Capt. Chris Anuchem, that the charge sheet, the list of witnesses, the exhibits and other documents had not been served on him and his client to enable him to prepare for his defence as provided for by the law.

Counsel for Falola, Wing Commander Enokela Onyilo-Uloko (retd.), observed that since the court was expected to commence the trial on May 9, 2016, there was enough time to take care of the requirement that the accused be served with necessary documents in order to avoid being ambushed.

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