The Nigerian Army has constituted a General Court Martial for the trial of five officers and 20 soldiers within its jurisdiction of 82 Division in Enugu......CONTINUE READING THE ARTICLE FROM THE SOURCE>>>>>
The offences of the accused army personnel include murder, defilement, manslaughter, extortion and assaults on civilians.
Inaugurating the court martial, President of the General Court Martial (GCM), Brig.-Gen. Buhari Sadisu, said the court martial was convened by the General Officer Commanding (GOC) 82 Division, Maj.-Gen. Oluyemi Olatoye.
Buhari said it was pertinent to note that, “Court Martial is one of the instruments used in the Armed Forces to maintain discipline.”
He said, “In Court Martial, military personnel alleged to have committed offences known to laws applicable to them are tried and if found guilty, punished in accordance with the laws criminalising such offences.
“However, where the prosecution failed to establish the allegations against them, the Court will discharge and acquit the accused personnel.
“For the accused personnel present for today’s inauguration, let me assure you that this Court Martial will be guided throughout the trial by the principles of natural justice and fair hearing.
“It will also be guided by the Constitution of the Federal Republic of Nigeria 1999 (as amended) and other extant laws and procedures related to your trial.”
He assured that the court martial would be free from any external influence and would afford the personnel accused adequate time and facility to defend themselves.
According to him, “Please note that the court martial is fully aware of the cardinal principle of our criminal judicial system that an accused person is presumed innocent until the contrary is proven.
“Under our criminal justice system, it is better for 99 guilty persons to be set free than for one innocent person to be convicted.
“Accordingly, I hereby assure you that the Court Martial will strive to do justice in your cases by ensuring that evidence presented before her are judiciously and fairly evaluated.
“This is in order to avoid a situation where an innocent person is made to suffer unjustly.”
The court martial has the same power and concurrent mandate as the Federal and State High Courts as its decisions can only be challenged at the Court of Appeal.
In the court martial session, regular court lawyers within Enugu also appear for some of the accused personnel.