Court Martial Lawyer – Mutiny: Court martial to deliver judgement February
Written by Dayo Johnson
THE Court Martial trying the 28 soldiers in Akure, the Ondo State capital for mutiny may deliver judgment in February following the closing of the case and address by both the counsel to the accused persons, Femi Falana and the prosecution witness, Lt Col T S Nurseman. The soldiers had protested the non payment of their allowances on return from the United Nations Peacekeepers in Liberia last year.
Four senior officers and a sergeant accused of stealing the accused persons allowances were last week convicted and sentenced by the same Court.
Sixteen witnesses were called during the trail by the prosecution counsel to prove its case and while evidences including video recording of the protest from where he identified some of the soldiers were tendered.
President of the Court, Brig-Gen. Ishaya Bauka said weekend after the reply of the accused soldiers to the address of the prosecution team that the court would resume on February 16.
Bauka pointed out that the sum up will be done by the Judge Advocate on the said date and after that the judgment date will be fixed.
Falana had asked the Court to acquit the soldiers since the prosecution has failed “woefully” to prove the charge of mutiny against the suspects.
He argued that the video recording which the prosecution team tendered as exhibit had been tampered with and could not be relied upon by the court.
According to him, issues of unpaid peacekeeping allowances had become synonymous with Nigerian Army and it was high time the authorities did something to stop it.
“The spontaneous protest which was said to have occurred at the Owena Barracks, Akure Ondo State on July 5, 2008 cannot, by any stretch of imagination, be said to be a mutiny capable of subverting the sovereignty of Nigeria or undermining discipline in the armed forces. As the facts in this case do not justify the charge, we urge the court to dismiss the case and discharge and acquit the accused persons.”
The Human Right Activist told the court that the accused persons had constitutional right to protest as provided under Section 38 and 40 of 1999 Constitution. He argued further that although the 28 soldiers were soldiers but they could not be denied of this right as citizens of Nigeria.
But the Prosecuting witness TS Nurseman said that the evidence which was direct evidence was weighty and there was no way the accused persons could be freed.
He said that the prosecution had proved the case of mutiny against the accused persons beyond reasonable doubt.
He said that the accused soldiers on July 4 disobeyed the Commanding Officer of the 323 Artillery went on a violent demonstration.
He submitted that the court should not free the 28 soldiers based on technicalities of law because their conduct was opposed to military discipline and the nation at large.
Michael Waddington is a court martial lawyer – court martial attorney that defends military personnel worldwide as well as deployed civilian contractors subject to the UCMJ. He defends Army, Navy, Air Force, Marine, Coast Guard, and civilian contractor court martial cases. He has successfully defended military personnel as a court martial lawyer Army Navy Marine & Air Force court martials in Germany, England, Italy, Iraq, Kuwait, Korea, Okinawa, Japan, Yokota, and throughout the United States. military-defense-lawyer-recentcases.htm.
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