The Nigerian Army has called on Sahara Reporters to practice responsible journalism and refrain from subjective, inaccurate, and inappropriate reportage
A statement by the Director of Army Public Relations, Brigadier General Onyema Nwachukwu said the Army Headquarters noted yet “Another ill-conceived report by Sahara Reporters on an ongoing Court Martial process of Major General UM Mohammed, the erstwhile Group Managing Director (GMD) Nigerian Army Properties Limited (NAPL), who was indicted by a military police investigation and recommended for trial.
“It became expedient to clear the air on the despicably false report and calculated attempt to cast aspersion on the ongoing Court Martial, which has already progressed to an advanced stage.
The prosecution has put forward the evidence against General Mohammed and closed its case and the accused senior officer has opened his defence and is testifying as Defence Witness One (DW1).
“For the avoidance of doubts, without being sub-judicial, the former GMD NAPL is facing trial in relation to alleged offences of theft of various sums of money belonging to NAPL and forgery. These are all acts declared as offences punishable under the provisions of various extant penal Laws in Nigeria according to the Army.”
The Army Headquarters further said upon investigation and indictment of the accused senior officer by military police investigations, the Army Headquarters convened a Special Court Martial to try the Senior Officer as a procedure to legally recover the sums of money he allegedly fraudulently acquired from the coffers of NAPL during his tenure as GMD.
“The details of the outcome of the Court Martial will be provided at the end of the Court Martial proceedings. The army said it is instructive to point out, that Court Martial trials are lawfully provided in the Armed Forces Act (AFA) as one of the disciplinary tools in the Armed Forces.
“The Court of Appeal and Supreme Court have in multiple instances validated the procedures, findings, and sentences of Court-martial. Court Martials like all other criminal trials are held in the open.
“The trial of Major General UM Mohammed is taking place at the Army Headquarters Command Officers’ Mess, Asokoro Abuja and not shrouded in secrecy as being wrongly insinuated by the report. The trial has been open and the Defence has presented adequate representation in court.
“The accused senior officer’s family members, friends, and associates attend and observe the Court proceedings till date, without hindrance,” the Army Director said.
The army confirms that it is factual that Major General UM Mohammed ought to have proceeded on retirement, however, provisions of the Armed Forces Act (specifically Section 169) permit the retention in service of such personnel, who has pending disciplinary case(s) to allow extant legal processes.
He further clarified that “It is also a fact that members of the Special Court Martial trying Major General Mohammed are all junior to him which is permissible in special circumstances, as the Armed Forces Act provides for this contingency in Section 133(7), where the Convening Officer is required to obtain the consent of an appropriate superior to appoint any such officers as members of the court. The requisite consent was obtained before convening the Special Court Martial trying the accused senior officer.
“It is worthy of note that General Mohammed is being defended by a legal team comprising 2 Senior Advocates and 6 lawyers, including a retired military officer. He is currently being detained at a military location purpose-built for such detention, where the rights and well-being of such detainees are given prime consideration.”
The Army said, “Though at the onset of the trial, Major General Mohammed requested to be granted bail inter-alia on health grounds, the Court in considering the bail application, took cognizance of the humongous amount of monies allegedly stolen in the indictment, which could encourage the accused senior officer to abscond. The Court therefore, declined the application for bail but granted visitation rights to some family members, including his two wives, son, daughter, and brother as requested by the accused officer. These persons have been visiting him regularly at the detention facility explained the Nigerian Army.”
On the issue of the accused senior officer’s health; the army said, as with all other Court Martial trials, Major General Mohammed’s state of health is examined daily to determine his fitness to stand trial before the commencement of proceedings for the day.
“The holding facility where he is detained is serviced by the Army Command and NAOWA Hospital and these medical facilities are open to him whenever required.
“The army also stated clearly, that it is inappropriate and amounts to unlawful interference with the administration of justice to peddle inaccurate reports and comments on a matter currently under judicial adjudication (sub-judice). All the statements reported to have been made about certain persons and funds disbursement were made in the course of the trial by a witness in the defence of his case. We shall therefore not comment on those statements to maintain the sanctity of the trial and its outcome.”
PIAK
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