The Defence Headquarters says it maintains professional ethics and processes in discharging its duties and in instilling discipline among its personnel.
The Director of Defence Information, Brigadier General Tukur Gusau made this known while briefing Journalists in Abuja saying that “the military is open to public scrutiny for there is nothing to hide as the General Court-Martial, GCM found Ex-Seaman Abbas Haruna guilty on three count charges”.
General Gusau added that “Ex Seaman Abbas Haruna M5759 was arraigned before the GCM on 3 counts charge of Disobedience to Particular Orders, Resistance to Arrest and Offences about Public and Service Property contrary to Sections 56 (1), 86 (1) and 66 (c) of the Armed Forces Act (AFA) Act CAP A20 Laws of the Federation (LFN) 2004, respectively”.
According to him, at the trial, the GCM deliberated on the testimonies of the prosecution and Defence witnesses as well as the exhibits tendered by the prosecution surrounding the circumstances of the case. It is important to note that the ex-rating pleaded guilty to all the charges during the trial.
The GCM therefore, considered the nature of the offence committed by the ex-rating, his plea of guilty and plea in mitigation of punishment as well as the legal advice of the Judge Advocate in arriving at its verdict
He noted that the ex-rating was part of the parade during a coordinating conference of the Commanding Officer CO when he was addressing troops of Exercise AYAM AKPATUMA preparing for the operation.
He said that “while the CO was addressing the troops, the ex-rating continually interrupted the address which warranted the CO to direct him to report to the guard room”.
However, the rating refused to obey the order, thus, the CO directed his arrest but the ex-rating resisted and expended 16 rounds of 7.62mm ammunition belonging to the Nigerian Navy to prevent other soldiers from taking him into custody.
Consequently, the investigation was conducted and the ex-rating was recommended to be tried by court-martial.
The ex-rating was eventually tried by a General Court Martial (GCM) from 20 December 2022 – 7 February 2023.
Notably, the trial of Ex Seaman Abbas Haruna M5759 by GCM was based on the authority that as serving personnel, he was subject to both military and civil laws.
Accordingly, after the proceedings, the GCM found Ex Seaman Abbas Haruna M5759 guilty on all counts.
Based on this, he was sentenced to a Reduction in Rate from Seaman to Ordinary Seaman on Count One and Dismissal with Ignominy on Counts 2 and 3 with effect from 7 February 2023.
Thereafter, the ex-rating was placed on open arrest at the arrival hall in Mogadishu Cantonment, Abuja pending confirmation of the sentences by the Chief of the Naval Staff (CNS).
The Record of Proceedings, ROP of the trial was forwarded to DHQ on 27 June 2023 and subsequently transmitted to Naval Headquarters (NHQ) on 8 August 2023.
The sentences of the GCM were thereafter confirmed by the Chief of Naval Staff with effect from 19 September 2024.
According to him, it is pertinent to note that from the totality of the evidence presented by the prosecution, the GCM held that the ingredients required to substantiate the offences were proved.
Importantly, a perusal of the ROP confirmed that the accused rating disobeyed the order of his CO and resisted arrest by firing his rifle to the extent that he expended 16 rounds of 7.62mm which could have resulted in the death of any of his colleagues.
The action of the ex-rating was in no doubt an act of gross indiscipline capable of taking the lives of his colleagues.
It is therefore evident that the ex-rating cannot be trusted with a rifle or any weapon belonging to the AFN.
“This is because soldiers, ratings and aircraft men are trained for weapon handling to apply the same judiciously and diligently when called upon for the protection of the sovereignty of the FRN and not extraneous uses which could endanger others”, he said.
Pertinently, it is opined that the ex-rating ought to have also been charged for the attempted murder of everyone that was in the vicinity when he fired the shots.
Notwithstanding, he was appropriately charged, tried, found guilty and sentenced on the 3 counts charge presented before the GCM.
According to him, Seaman Haruna has access to even his family, as can be attested during the appearance of the woman in the radio station.
She said that “she even had babies for him within the period he was under open arrest.”
Furthermore, the confirming authority rightly confirmed the findings and sentences in line with the AFA.
Dominica Nwabufo
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