by James Sambo

Barely two weeks after the sentencing of 12 soldiers to death for mutiny, another set of 60 soldiers will be arraigned before a General Court Martial by military authorities in Abuja on Tuesday, 30 September.

The soldiers are accused of committing mutiny, after refusing to join fellow troops in Maiduguri for an operation.

The crime was committed on on 4 August, at the Mulai Primary School, opposite African Independent Television in Maiduguri, Borno State, when the soldiers refused to join “111 SF Bn troops” led by Col. E.A. Aladeniyi to Maimalari Barracks.

Their arraignment is expected to take place at the Sani Abacha Barracks in Abuja, and the charge sheet revealed that the soldiers, 2 corporals, 9 lance corporals and 49 privates, are to be arraigned on two counts of mutiny and conspiracy to commit mutiny.

Their charge sheet states that, “they conspired to commit mutiny against the authority of 7 Division.”

Less than a fortnight ago, a Group Court Martial headed by Brig. Gen. C. Okonkwo had sentenced 12 out of 18 soldiers facing trial guilty of mutiny among other offences and sentenced them to death. Five of them were however discharged and acquitted and one sentenced to 28 days’ imprisonment with hard labour and reprimand.

The soldiers were charged with mutiny among other offences, including attacking the former General Officer Commanding the 7th Division of the Nigerian Army, Ahmed Mohammed.

However, reports say that the soldiers have notified the Court of Appeal of their intention to challenge their sentences.

Under the Armed Forces Act of Nigeria, the punishment for mutiny can be found in sections 52 and 53: It states that any person subject to service law under the act who takes part in a mutiny involving the use of violence or the threat of the use of violence or having as its object or one of its objects the refusal or avoidance of any duty or service against, or in connection with operations against the enemy, or the impeding of the performance of that duty or service; or is guilty of an offence under this subsection and liable, on conviction by a court-martial, to suffer death and also any person subject to service law under this act who, in a case not falling within subsection (1) of the section, takes part in a mutiny, or incites any person subject to service law to take part in a mutiny, whether actual or intended, is guilty of an offence under this subsection and liable, on conviction by a court-martial, to life imprisonment. Therefore the act punishes anyone in the armed forces that disobeys the authority as is mentioned above and also to make the disobedience subversive of discipline, or with the object of avoiding any duty or service against, or in connection with operations against the enemy.

Section 53 which talks about the failure to suppress mutiny says that for failing to suppress mutiny, any person subject to service law under this act who, knowing that a mutiny is taking place or is intended fails to use his utmost endeavour to suppress or prevent it; or fails to report without delay that the mutiny is taking place or is intended, is guilty of an offence under this section. Any person guilty of an offence under subsection (1) of the section is liable, on conviction by a court-martial, if the offence was committed with intent to assist the enemy, to life imprisonment or in any other case, to imprisonment for a term not exceeding five years or any less punishment provided by the Act.

Kolapo Olapoju