Wednesday, February 27, 2019

Lawyer: How ‘Army 38’ was used to substitute names of corrupt soldiers


Juliana Francis
The last may never be heard of Army 38, unless a fair hearing and listening ears are given to them.
It’s been three years and still counting that these 38 soldiers, comprising of senior military officers, including majors and generals started the quest for justice.

Many of them have fought in the north east and confronted dreaded Boko Haram members. They have watched friends killed on battle grounds and had even wept as they buried colleagues. They have killed enemies in the ongoing Boko Haram and maimed others.
Many among the Army 38 had been described as, “Intelligent, tenacious and hardworking.”
Some of them because of their bravery in the face of situations that had send shivers down the spines of other soldiers had received national accolades.
These men said that they expected many things from Nigerian government and the Nigerian Army, but what they didn’t expect is to be compulsorily retired by the Army Council and their reputation questioned.
Counsel to these soldiers, Abdul Muhammed said: “There was no factual basis whatsoever for the punishment of the Army 38 by way of compulsory retirement. The retirement is illegal and constitutes an abuse of office as the Army Council does not have the powers to punish any officer.
“The powers of the Army Council in relation to discipline of personnel are limited to only a confirmation authority of punishment awarded by a duly constituted Court Martial. None of the Army 38 was ever queried, charged or tried by a court martial at any time and therefore the Army Council is in no position to sit over any disciplinary matter pertaining to any of the 38 officers.”
Muhammed said that the most saddening aspect of the whole saga was that allegations leveled against the soldiers remain bogus and vague.
He explained that some years back, two panels were set up by the Nigerian Army to probe soldiers alleged to be involved in corrupt practices, arms procurements and politics.
He said: “Some of the men indicted appeared before the panels, but others didn’t. Among the Army 38, 20 were at the panels as eye witnesses. It is shocking however, that the names of the indicted soldiers were replaced with the names of Army 38. As I speak with you now, the indicted soldiers are still serving, while the Army 38, who are innocent have been compulsorily retired.”
The lawyer said that he had no problem with his clients being labeled thieves, but he had plenty issue when due processes are not followed to arrive at such name calling and evidence provided to back the allegations.
Muhammed disclosed that each of his clients had given 25 years of his life to Nigeria and were trained with millions of naira. He noted that kicking them out of the military without being able to prove anything against them was a sheer waste of taxpayers’ money and worrisome.
He further disclosed that one of the soldiers, Lt Col Baba-Ochankpa died two years ago, while seeking for justice. Muhammed said Ochankpa died of a broken heart.
His words: “Ochankpa had never known any job other than being a soldier. He joined the army when he was just 10-year-old. When that was taken away from him in such an ignoble way, he was distraught. He slept and never woke up. He has three children.”
Muhammed revealed that most of his clients were outside Nigeria and others were at north east, fighting Boko Haram insurgents when the alleged crimes were committed.
He added: “There was no way these soldiers could have been involved in election malpractice that happened in 2015, arms procurement and corruption. Most of them were outside the country at that time. Others were occupied in the north east, fighting the Boko Haram. When the army accused them, the Army 38 were never called or queried. At least 24 of these men are from south, while seven are from Rivers State. With these selections, the cream of officers from south and Rivers had been wiped out of the Nigerian Army.”
He added: “Clearly, someone in the leadership of the military is involved in victimization of innocent senior officers of the Nigeria Army. It’s been revealed that the names of innocent officers were substituted in place of the guilty ones in a case of gross corruption and abuse of office. It is specifically alleged against the leadership of the military that: it maliciously and surreptitiously substituted the names of culpable officers with innocent ones in a gross act of corruption and went ahead to deliberately mislead the President and Commander in Chief as well as the entire nation. If you must dismiss or retired a soldier, let it follow due process. The offences of the Army 38 till date are unclear.”
The national coordinator of Network on Police Reforms in Nigeria (NOPRIN), Okechukwu Nwanguma said: “After the illegal compulsory retirement of the Army 38, the victims have individually written to the Chief of Army Staff, Chief of Defence Staff and Mr President, C-in-C to request for details of any wrong doing that may have warranted their compulsory retirement even when the Army Council has no power whatsoever   to retire any officer on disciplinary grounds, but none of them have been furnished with any offence.”
Nwanguma further said: “The individual request for redress by the Army 38 to the C-in –C in was sent since July 2016 in line with the prescribed procedure but they were ignored. The calls for justice by these officers, who have individually earned awards and accolades in their careers, have remained ignored by their C-in-C for three years now. With the deliberate pattern of abuse targeted at these officers, some of them approached the Senate and House of Representatives for an independent investigation of their matter.
“Both chambers at different times investigated the matter but came to the same conclusion that the punishment of the Army 38 was arbitrary with no evidence of any offence committed. Both chambers went further in their respective terms to admonish the Nigerian Army over the arbitrary disengagement of officers as this action would discourage serving officers and soldiers from giving their full commitment to the service of the nation, and directed their immediate reinstatement. But they were not reinstated.”



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