Army Officer
Nigeria's army and the war in
Following the continuing struggle for justice by a military officer Lieutenant-Colonel Silas Santoya Jock of the Training and Doctrine Command of the Nigerian army who sued the president of Nigeria Umaru Musa Yar'Adua and three others to the court, against the unfair treatment towards him by the Army and the Federal High Court.
Colonel Jock who had a running battle with the Nigerian military since he was recommended for viewing the United Nations after completing a postgraduate diploma Strategic Studies (PGDS) at the University of Maiduguri said Nigerian Tribune, is currently in court asking the court to compel the President Yar'adua that he had already sent a petition to intervene on his case for him to establish a commission of inquiry to discover the truth in his case was frustrated for a long time.
The case in question began when he finished his program and was CIO to proceed with the assignment of a nation-Kingdom on the basis of recommendations of the Chief of Staff, then (COAS), Lieutenant-General Victor Malu. However, he refused this privilege by some officers at the headquarters of the Army under the pretext that he went to school without the approval sponsorship by the army, despite the official publication of the officer of his unit to conduct the course. The officer then protested the allegation and has been studied and justified by the superior authority of the Army (ASA) in a letter dated 29 April 2003 the Council approved this recommendation the Army, but the army has failed to implement.
Following the failure of the Army to implement this recommendation is approved, the agent also sent its complaint to the National Assembly who also studied and advised the military to do justice to the issue. Instead, the Army falsified a medical report produced by the Army and Ophalmologist that the agent has a psychiatric problem with the intent to subject the officer retired on grounds Medical. Hence the agent, based on advice from a solicitor who has referred the complaint to the Federal High Court for the determination of the controversies involved in this case.
That since the matter was taken to court in 2004, there were a series of transfer one judge to another and frequent changes of counsel to another without the realization that the question of justice requires, this according to the agent because of conspiracy against justice in the case. However, this leads to the agent who makes a petition to the National Council Judicial Council (NJC). The Council has intervened in the matter and then headed Chief Justice, Justice Abdullahi Mustapha of the Federal High Court to take the necessary steps to conclude the matter, but nothing positive has been done so far.
However, in a statement by the Army Headquarters, signed by the Director, Army Public Relations, Brigadier Chris Olukolade, describes the costume Lt.Col.Jock "As an attempt to scrap the army.
"The legal department of the Ministry of Defence in charge of the case on behalf of defendants. Our advice to the Lieutenant-Colonel Jock and the only response to his complaint and the publications we meet in court!
"There is no record wherever Lieutenant-Colonel Jock was tried by court martial. And our records indicate that he was legally retired from the army Nigerian existing arrangements and conditions of service, TACOS applicable to the Nigerian Army "the statement said.
In its reaction, Lieutenant-Colonel Jock insisted that all measures taken since 2001 to date has been guided and in accordance with Armed Forces Act 1993, section 178.
"My request to be tried by court martial has been denied in violation of Article 117 of the Armed Forces Act of 1993. "He insisted.
On the issue of retirement, Lieutenant-Colonel Jock said he did not been legally retired from the Nigerian army, and that the High Court of Nigeria can testify to this, because according him he went to court in 2004 as an agent of military service to seek redress, which has yet to be determined by the court.
"I have always been present in court for my case, and always well dressed in my army uniform because I believe recourse to the courts as an official function. Even in my last court appearance October 29, 2009, I was visibly present in my army uniform.
"Please note that Terms and Conditions of Service (tacos) are very clear on this issue. The provision for the service security officer clearly indicates that "non commissioned officer holding a commission of lieutenant and above are asked to retire, transfer or resign or transfer to the reserve, or pressure exerted on him to do. Except the authority of the Council of the Army. "Note also that since I made my request for compensation before the courts, it has never had communication between the Army Council and me in respect of retirement.
"There is another provision in the same paper I cited above that says, "Any officer who retired after 15 years for reasons not traceable to indiscipline must have his full pension and benefit from his wages by the number of years, he served on the date of retirement. "
"But since the army illegally arrested my wages and benefits in 2005 for no reason that I do not been notified by the army, then complain that to seek compensation was still pending before the courts, no kobo was given to me so far by the authority of the Army. So who is duped whom? "He asked metaphorically.
"Even if the Army Council advice to an agent of a pension application, he had the privilege to admit this or else he will request an interview with the COAS and the Hon. Defence Minister as the case may be noted that the reason for retirement. "He said.
He then explained that there has never been a report by the media or the court that was dismissed or retired. In contradiction to a report credited to Colonel Mohammed Yusuf, a former director of the Army PR in one of the national dailies on November 16, 2005 on the issue pending Sgt. Roggeri and Major Al-Mustapha, former security chief in the late General Sani Abacha.
The report says clearly that Rogers and Al-Mustapha as all other staff members face trial, the court martial and other disciplinary problems remain members of the Army until the Army Council to be guilty and that by then, the employee remaining in service. Colonel Yusuf confirmed that Sergeant Roggeri and Major Al-Mustapha never dismissed or retired and are being paid pay despite the fact that they were in detention since 1999.
On the question of its denial of a fair trial in the Federal High Court, he argued that the Court has a constitutional obligation to determine any controversy in the case pending before it, accordance with the rule of law. Referring to other members whose questions were addressed in the courts.
To For example, Captain Ibrahim Yahaya Shinko, FHC/KD/CS/4/2004 number Suit in Federal High Court, Kaduna, which compensation was granted and the Court ordered the army to restore and promote him to Major rank. Another is that of the Court of Appeal which also set aside the revocation Aminu Kano Brigadier General Court Martial against the Army general who was convicted and sentenced him in October 2006 20.
Another case interest is Major Jacob Iyeli, which the re-established Supreme Court after the military court martial has been dismissed for ten years on the basis of alleged illegal possession of firearms. The apex court ordered the liquidation of their salaries and other benefits.
In another case twenty-seven soldiers jailed for sedition attended by the verdict of a general court martial, which tried the returnees Nations UN peacekeepers. The Supreme Court has again ordered their release from prison and immediately reinstated.
The Chief of Staff (COAS), Lieutenant General Danbazau was once quoted as saying at the seminar of Nigeria in Abuja on the right of that era Army disobedience of court orders by the army is complete. "Now the question is why my own case be treated differently since 2004 to date at the Federal High Court? "Lt. Col. Jock said.
Upon request to the Independent Labourers Practices and Other Related Offences Commission (ICPC), the besieged Army Officer said his action was quite in order. Because Section 178 (3) of the Armed Forces Act of 1993, the law of corrupt practices and other Related Offences Act 2000 and section 39 (1 and 3) the 1999 Constitution, while giving him the right to take such measures.
"The petition was filed due to terms of plot against the justice of my question to the Federal High Court, which is in flagrant violation of the rule of law.
"I have been reliably informed that the ICPC was to process my application, but was pressured against him by the presidency to cover my question. What is very unfortunate when the country is the struggle against corruption and if the judiciary is not currently disinfected at that time, there is hope for achieving the objective the fight against corruption. "He complained bitterly.
"For example, the Arewa Consultative Forum (ACF), which I suppose is faced with the responsibility to protect the interests of northerners. My experience shows that the ACF does not seem to be helping matters as it concerns the efforts of Mr Yar'Adua to achieve its policy cardinal rule of law.
"I reported a case abuse of the forum rule of law in 2007 under the leadership of Chief Awoniyi late Sunday. They took an interest in my case and efforts to introduce me to one who is a former counsel to the issue. Nevertheless, the current leadership under Major-General Haruna IB (RTD) was in the army and a lawyer to hide the affair aside.
Another one is the action of the former judge of the High Federal Court, Justice Abdullahi Mustapha, also a senior who led the north of his office to be turned away to hide the truth about me. This was made against the directive of the National Judicial Council (NJC) for him personally handle the matter.
"I also reported in the past this question to some of my colleagues prominent leaders of the North, as the governor of Kaduna State, Arc Mohammed Namadi Sambo, retired and active generals, legal practitioners, including storage area networks, among others, but in vain because they want the issues covered.
In conclusion, Lieutenant-Colonel Jock advised the Director of Army Public Relations kindly concern its publication questions or prayers that are before the courts. It is mainly focused on false accusations, refusal of a trial fair, maltreatment and conspiracy against justice in the court rather than its attempt to divert attention from the public on an issue without merit Retirement has nothing to do with these questions before the Federal High Court. Moreover, any attempt to retirement issues to the court, to be contemptuous against the judicial process, my former lawyer has informed the army about this. I am now awaiting the result of the determination of my case to court because it is a constitutional obligation to the court to determine controversies in all my complaints have been frustrated since 2004.
About the Author
Victor Ulasi
Member of the European Press Federation
Tel:+2348079336622
victorulasi@yahoo.com
