Army 38: Victims of injustice?

By Emeka Mba

SINCE the announcement in June last year that 38 Senior Army Officers were retired on charges of professional corruption bordering on their involvement in the 2015 General elections and the Arms Procurement fraud, I have followed the story with keen interest, waiting for the day when they will be arraigned and charged properly under this zero corruption government. Up till now only one of the affected officers has been charged to court by the Economic and Finance Cromes Commission, EFCC, for embezzlement from NIMASA. At the time, the Chief of Army Staff Lt. Gen. Buratai and the Minister of Defence Mr. Mansur Dan-Ali assured Nigerians that ALL of the 38 Senior Army men were granted fair hearing and the principle of natural justice was followed.  It is most upsetting that since then the media has been awash with various reports that due process was not adhered to and the duo of Mr. Buratai and Dan-Ali misled the President and the nation.

The affected officers through their lawyer, Barrister Abdul Muhammed stated that their appeals after one year of waiting, have not been transmitted to the President or the Acting President.  In an open letter addressed to the Acting President and published in the Daily Trust of 13 July 2017, Barrister Muhammad noted as follows: ‘…despite an order of mandamus made by the National Industrial Court, Abuja directed to the Chief of Defence Staff, requiring Gen. Olonisakin (as a matter of duty) to transmit the affected officer’s administrative appeals to Mr. President and to show proof of doing same to the Court Registrar, the CDS has continued to defy an order of a court of competent jurisdiction in a flagrant show of impunity and disrespect for rule of law. This clearly shows bad faith and the fact that they have something to hide!!!’

Flagrant show of impunity: Now why are the trio of Dan-Ali, Olonisakin and Buratai suddenly unable to provide evidence that they have transmitted the appeals to the Presidency? Is it because they have no regard for due process and the laws of Nigeria? Are they now above the law?  Aside from the obvious unprofessional manner they went about the retirements, the claims of a witch hunt and victimisation appear to ring true.

For example, seven of the officers with ranks from Major General to Major are from Rivers State alone!!! While another ten are Ibos, by the time you add the officers from other states a total of 29 officers are of southern extraction and NONE of the 38 was charged, tried or found guilty of any offence. It is astonishing that for such alleged weighty offences; not a single one of the officers was afforded an opportunity to be heard or found guilty of an offence, with most of them not knowing the reasons for their retirement.  It is not good for government to go about dishing out injustice, rather it should adhere to the rule of law and be seen dispensing justice.

There are questions for Mr. Buratai and Dan-Ali to answer because they know the correct procedures of dispensing justice in the military. Regrettably, both have exhibited double standards throughout their tenures as exemplified by a recent court martial.

A privileged Major

 The court martial convicted Major General I Sani of defrauding the Nigerian Army to the tune of N 23, 000, 000, in unauthorised land deals. The General who is from Kano State had retired in 2015. He was recalled by Mr. Buratai, ostensibly to attend a court martial for his fraudulent misdeeds. He was convicted and demoted to the rank of Brigadier, a decision his lawyer says will be appealed to the Army Council and if need be to the Appeal Court. But he was privileged, because the facts of his offence(s) were made available to him and he was able to defend himself with a Senior Advocate for a lawyer, whereas that privilege was not extended to the Army 38. So what offences were committed by the Army 38 that Mr. Buratai would deny them the same opportunity?  He who comes to equity must come  with clean hands!!!

False allegations: The following points are obvious; Firstly, the allegations against most of the officers were false as several of them were not involved in the elections or defence contracts, some were even fighting in the North East. Secondly, none of them was allowed to defend himself against these false allegations, which is unconstitutional and a breach of due process.  Thirdly, they were heavily punished by their dismisals for alleged offences, they know nothing about.  Since there was supposedly incontrovertible evidence against the 38, why not subject the evidence to scrutiny through the military justice system? He who alleges, must prove.  The key point is that Mr. Buratai knows that an officer needs to be found guilty of an offence to justify his premature retirement. Why then did he refuse due process to the Army 38?  Is it because there was no evidence of the alleged offences against the officers?  One of the 38, Col M.A. Suleiman is a national merit award recipient for his commendable exploits in the North East, another Brig. Gen Ash Sa’ad was given a national honour in Mali! Don’t officers with their pedigree and track record of excellence deserve a day in court to defend themselves against lies?

Correct injustice

 It is evident that the retirements did not follow due process, so why is the Defence and Army Leadership reluctant to retrace its steps and correct this injustice?? Why do they persist with the falsehood that they followed due process?  It is so bad that after denying the officers fair hearing, they did not even forward the appeals to the Presidency!!  What are they hiding? Have they no conscience? Military officers are expected to be men of principles, integrity and honour but something is amiss here. What is more worrisome is the fact that government promised Nigerians justice and fairness but when faced with the acts of impunity and injustice by its appointees, it is hesitant to correct it.

Already, one of the Army 38 has passed away, is it until more of the officers and their families become victims before our government will address this act of injustice??? Injustice against one Nigerian is an injustice against all Nigerians and should be remedied by government.  Government therefore, need not be reminded to provide justice for all Nigerians.  This matter has lingered on for too long and is an albatross on the tenure of Mr. Buratai as army chief!!!  It is widely believed that the Army 38 have been wronged, so when will government provide justice for them?

*Mr. Mba, writes from Abakaliki, Ebonyi State.

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