Date Published: 04/30/09
SENTENCING OF 27 SOLDIERS TO LIFE IMPRISONMENT FOR PROTESTING THE EMBEZZLEMENT OF THEIR PEACEKEEPING ALLOWANCES:THAT`S LIKE KILLING A FLY WITH A SLEDGE HAMMER
BY TEMPLE CHIMA UBOCHI
Authority founded on injustice is never of long duration (Seneca)
Who can protest an injustice but does not is an accomplice to the act (The Talmud)
I have always found that mercy bears richer fruits than strict justice (Abraham Lincoln)
One had better die fighting against injustice than die like a dog or a rat in a trap (Ida B. Wells)
This is probably the worst miscarriage of justice I've seen in 34 years of practice (Julian Mack)
There may be a reasonable basis to conclude a miscarriage of justice has occurred (Ken Campbell)
When will our consciences grow so tender that we will act to prevent human misery rather than avenge it? (Eleanor Roosevelt)
This is the most I've ever been exposed to a miscarriage of justice--it just blows my mind. We've got an ugly situation (Jim Riddle)
It is often easier to become outraged by injustice half a world away than by oppression and discrimination half a block from home (Carl T. Rowan)
If we believe there has been a miscarriage of justice in the handing down of judgment by any judge, whether he/she is black or white, we will raise our objections strongly because justice must be seen to be done (Zizi Kodwa)
Where justice is denied, where poverty is enforced, where ignorance prevails, and where any one class is made to feel that society is an organized conspiracy to oppress, rob and degrade them, neither persons nor property will be safe (Frederick Douglass)
The military court trying 28 soldiers for mutiny just sentenced 27 of them to life imprisonment.
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Cross section of the 28 soldiers at the sitting of the court martial at the Owena Barracks, Akure, |
The same military court recently convicted four senior officers of the Nigerian Army, including a serving Commanding Officer of 72 Army Battalion, Markurdi, Col A.A Awotoye, others were Lt Col Paul Baba, Major AK Shonva and Major C H Chajoku and Sergeant Yahaya Umar for conspiracy and stealing, contrary to Armed Forces Act. Apart from conspiracy and stealing, the army officers were also pronounced guilty of negligence of duty and failure to perform their statutory functions as senior officers. They were consequently sentenced to various punishments in accordance with the armed forces regulations. All the five accused officers were serving with the finance offices at the Defence Headquarters, Abuja and were responsible for the payment of entitlements to the soldiers who went to Liberia for peace keeping mission. They were vicariously liable for the protest of the soldiers in April 2008. But while the soldiers that protested were jailed for life, the officers who were responsible for the mix-up which triggered the protest were given a very light punishment. They were punished only by demotion, while the 27 soldiers were jailed for life. That’s wrong.
The soldiers had during the trial said that they were arrested at random, adding that one of the officers collected a bribe of $150 from some of those arrested for the same offence. They stated that the officer freed those who paid the bribe and refused to let go those of them who refused to cooperate with him. That was wrong and should be investigated.
Falana who defended the 28 soldiers, accused the president of the military court of bias during the hearing, describing the judgment as “a charade that cannot stand.” Falana further said that the soldiers would appeal the judgment. There also is where this writer stands. The judgment was wrong, unjust, condemnable and should be reversed.
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Some of the soldiers sentenced to life imprisonment while arriving for judgment at the 323 Artillery Regiment, Akure, Ondo State |
This writer being well versed in military laws, rules and regulations including the statutes, codes, and common traditions relating to and executed by military courts for the discipline, trial, and punishment of military personnel., knows too well that mutiny is a grievous offence, infact it is one of the worst offences a military personnel can commit and the penalty is usually life behind bars or at worst, death. But still at that, this was supposed to be a unique case in which the military court should have varied the law a bit, afterall, law was made for man and not man for the law; human beings promulgated the laws and human beings can also alter or modify the laws to suit the situation at hand. An Igbo Proverb says: The rat should not intentionally bite on the native’s doctor’s bag and the native doctor should not intentionally roast the rat’s mouth (in fire). (Oke amalama taa akpa nwadiba, nwadiba amalama hua oke onü n’ökü.)
Brigadier Bauka, who led the court martial said that the convicted persons were charged under Section 52 sub-sections 2 of the Armed Forces Act 2004 and that the sentences were subject to confirmation by the appropriate authorities.
Bauka and his court despite agreeing that the offenders “have maintained good record, have no record of disciplinary cases and are first offenders (based on their records of service), still went ahead and gave them the maximum penalty. Why?
The military court still knowing that the offenders have being in detention for nine months, and are the bread winners of their families and that the Nigerian Army had expended so much on them, went ahead for the maximum penalty. Why?
Bauka pointed out that the soldiers’ action was a “deliberately design to undermine the Nigerian Army; that they failed to follow due process in making their grievances known; that they failed to follow the military tradition of seeking redress and therefore have put the Nigerian Army in serious and imminent danger. Bauka further pointed out that security was threatened by their unprofessional action, that their action was a serious threat to the command structure of the Military. Bauka also berated the soldiers for failing to listen to the Commanding Officer, Lt Col Godwin Umelo, after it was discovered that there were shortfall in their allowances, instead they elected to ignore him and took to the streets, chanted war songs and made bonfires, disrupted traffic for hours and engaged in an unprofessional acts. In Buaka´s words to the 27 soldiers: “You all conducted yourselves in a riotous manner unbecoming of soldiers. And you know that military discipline requires soldiers to follow instruction and laid down procedures. Your action negated discipline in the Nigerian Army. We found out that your action strike at the foundation of discipline in the Nigerian Army and have put the Army in imminent danger.”
Bauka was 100% right there as anybody that signs to join the military should be ready to abide by the military laws, rules and regulations. It is a grave offence to revolt or rebel against constituted military authority and the 27 soldiers should have known better. I condemn their behaviour partially. The soldiers allowed the rage in them and their fury to overwhelm them and to becloud their rational sense of reasoning and judgment. They lost it all by allowing their human nature to come to the fore.
But, be that as it may, there is “a cause and the effect” that came into play here; they should‘ve been given a lesser penalty. Igbo Proverbs say that “t he toad doesn’t engage in an afternoon run without a cause. (Awoo adighi agba oso ehihie n´efu) and that “he, who has diarrhoea, doesn’t recognise the evil bush. (Onye afo n’asa amaghi ohia emere nmüo). When they exhausted every other avenue of getting what’s rightly theirs; when they tried all they can to get the reward of their labour in a foreign country, they became engulfed in a deeply resentful indignation. Igbo Proverb say: If a bird learns to fly without perching, the hunter will learn to shoot without aiming. (Nnunu muta ife ufe n’ebeghi ebe, dinta amuta igba n’atughi atu). Let’s remember that “those who make peaceful resolution of conflict impossible, make war (revolt, mutiny in this case) possible. The soldiers´ furor might have been fuelled when their superiors tried to play a fast one on their intelligence; their superiors might have misconstrued their hitherto orderliness as a sign of weakness on their part and as a reason to cheat them out; their superiors must have affronted on their psyche and these must be the explanation for their irrationality. The soldiers might have “acted before thinking” about the consequences of their actions, because the cheating on them was protracted and every peaceful means of seeking redress was ignored. Igbo Proverb also says: An old woman might hate running, but, not when the goat snatches her snuff box from her. (Agadi nwanyi sina ya agbaghi oso, obughi ma ewu buru ede anwürü ya). Those mutinous soldiers may have budgeted the allowances they are supposed to be paid, for something very dear to them only to watch the prospect of getting it drifting away every passing day. Now they will spend the rest of their life in prison for asking for their right. What a pity!
We should be guarded in blaming the soldiers for running amok: These men/women put their life on the line in order to earn the money, but, those sitting in the comfort of their office, decided to make better use of the reward of the hardship they went through in a foreign country. That’s one of the greatest injustices anybody can think of. If the 27 soldiers weren’t short-changed, they wouldn’t have revolted. Ndi Igbo say the “one can’t beat a child and expects him/her not to cry (Agaghi akü nwata ihe si ya ebela akwä)” and that “something made the cocoyam to make that unique sound (ihe mere ede ji bee nwii).” Those officers who short-changed the 27 soldiers are the ones who should have been put away for life, but, that will not be, as they were punished only by demotion. That’s the injustice in Nigeria that has permeated all aspects of life in the society. In Nigeria, the corrupt politicians and government officials that have looted the country dry and embezzled the funds entrusted into their care thereby subverting the country in and out, who are supposed to be put away for life, are walking free. But, the men and women who dropped so much of their sweats representing Nigeria in a foreign country, are now the ones who will spend the rest of their lives in jail. That’s soul wrenching.
The military and para-military forces treat their lower ranks as sub-humans; their working and living conditions are pitiable and different from those of the officers rank. While the commissioned officers live in opulence and over-indulgence, the non-commissioned officers are made to scrap through. That’s why many of the non-commissioned officers resort to all sorts of means to survive; that’s why peace-keeping missions are highly sought after by the men and women in the lower ranks, because of the payment made in dollars which are later exchanged for a lot of naira. The men/women of the non-commissioned cadre get little or no chance to advance into the commissioned cadre, they are condemned to a life of servitude throughout their service career.
These men and women of the uniform represented Nigeria well in the international arena, they worked hard to put food on the table for their families and to solve their other financial problems, but, were short-changed by their heartless superiors. We learnt that the solders who went to Liberia under United Nation in Mission in Liberia (UNMIL) were the most affected as they were being owed more than six months salary arrears. They were expected to be paid $1,228 per month. Many of them have wives, husbands, and children; but now, they will be put away for life, and that will also lead to the messing up of the lives of their loved ones and dependants. The dreams of their family members are going to dissipate before their eyes and for many of them, life will never be the same again.
These 27 soldiers must now be lamenting why they enlisted in the army in the first instance, they must be bemoaning now why they chose to go for the peace-keeping mission. For these men and women in uniform and their families, “their day has suddenly turned into a night; their sun has been eclipsed, their joy is now sorrow; their dreams are now nightmares”.
This writer is in no way preaching for the cordoning of indiscipline and disobedience in the military, this writer is in the least supporting rebellion against the military authority neither is he supporting injustice. All that this writer wants for everyone is equal rights and justice. Igbo Proverbs say: Let the water live and let the fish also live; the water should never dry and the fish should never die. (Ndu nmiri, ndu azu, nmiri atala ma azu anwula) and “Let the hawk perch and let the Eagle perch, any that prevents the other from perching should have broken wings (Egbe bere, ugo bere, nke si ibe ya ebela, nku kwaa ya)”.
The mutinous soldiers should have been punished by demotion and “discharge from service with ignominy”. These would have been reasonable and justified. For this writer, life imprisonment is over-punishment and heavy handed. This writer is interceding on behalf of the 27 men and women, this writer is appealing to the presidency, the national assembly, the chief of defence staff, Air Marshal Paul Dike, the army hierarchy to see to it that these men and women who erred, no doubt, but with reason(s), are not locked way for life, they should prevail on the relevant authority to tamper justice with mercy. President YarÁdua can at least do something good for these men and women by giving them presidential pardon; at least, they must‘ve learnt their bitter lesson. All well meaning Nigerians should also help (through whichever means one can) to see that these men and women, at the end of it all, receive only the bare minimum punishment.
In July 2008, when this case first broke, I wrote an article about it. To refresh your memory, use the link provided to get to the Parts 1 and 2 of the article:
Ndi Igbo say: “The son of man should not maltreat the son god and the son of god should not maltreat the son man (nwa nmadu emegbula nwa nmuö ma nwa nmuö emegbula nwa nmadu)”. Unfortunately, head or tail, these 27 soldiers are the big time losers; they didn’t get their hard-earned allowances, they‘ve lost their job and freedom. My heart goes out to them.
Temple Chima Ubochi writes from Germany through ubochit@yahoo.com
