By Sylvia Kodilichukwu, Enugu
The axe is dangling on five officers and 20 soldiers of Nigerian Army as a General Court Martial (GCM) has been raised against them in Enugu, capital of Enugu State, South-East Nigeria.
All the accused are within the jurisdiction of 82 Division of Nigerian Army, with headquarters in Enugu.
The alleged offences of the accused Army personnel include murder, defilement, manslaughter, extortion and assault on civilians.
Inaugurating the court martial, president of the GCM, Brig.Gen. Buhari Sadisu, said that the court martial was convened by the General Officer Commanding (GOC) 82 Division, Maj.Gen. Oluyemi Olatoye.
Sadisu said that it was pertinent to note that “court martial is one of the instruments used in the Armed Forces to maintain discipline.”
He explained further: “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 to 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.”
The President said that the court martial would be free from any external influence and would afford the accused adequate time and facility to defend themselves.
Brig. Gen. Sadisu said: “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 appeared for some of the accused personnel.
