June 9, 2018 is the second anniversary of the unjust retirement of 38 senior army officers by Gens Buratai and Dan-All. Both presided over a sitting of the Army Council and retired the officers over unfounded and unproven claims of alleged partisanship in the 2015 General Elections and alleged involvement in the defence contract scam at the National Security Adviser’s office without granting anyone fair hearing. One of the 38, Lt. Col. Baba-Ochankpa has since died in his sleep, leaving a widow and three beautiful kids.
Brief Recap
In June 2016, Nigerians were informed by the then Army spokesman, a certain Brig. Gen SK Usman that several high ranking senior officers were compulsorily retired on ‘disciplinary grounds, serious offences’. At the time both the Minister of Defence, Brig. Gen Mansur Dan-Alli and Lt. Gen Buratai, the Chief of Army Staff corroborated the statement of Usman, alleging further that due process and fair hearing were granted to all the 38 officers, implying that they were found guilty. Emphatically, Buratai said ‘It took us painstaking procedure to ensure we didnt pick innocent ones. We started with one inquiry from One Division GOC to the other. After that, we subjected it to legal review. After the legal review, we forwarded our recommendations to higher authorities for consideration. So, it took us time; we have our own process also; our administrative process dovetailing into legal review and so on.’
Lack of Fair Hearing
My interest in this matter was first aroused when I read of the pathetic case of retired Brig. Gen ASH Saad, in the Daily Trust sometime in December 2016. I was quite disturbed and troubled that we could treat a former Director of Military Intelligence with so much disdain and injustice. Upon further enquiries it was revealed that none of the 38 officers was found guilty of an offence, they were never charged, tried or found guilty, let alone even appear before a court martial. Several of the officers I gathered were oblivious of Buratai’s plot to remove them from service and were busy at work going about their jobs. In fact, he left his own former Military Assistant in the Army Chiefs office, Col DR Hassan, whom he did not find guilty of an offence and went to retire him in a spurious and capricious interpretation of the military law.
Refusal to obey Senate resolution
Naturally, the innocent officers chose to challenge the illegal retirements in court, sadly the speed of our judicial process which is in dire state of reforms, is so slow that the perpetrators of the Buratai -led illegal act have continued to revel in the illegality. Notwithstanding, several of the officers approached the National Assembly to have their cases heard and the matter reviewed. In October 2017, the Senate Committee on Ethics, Privileges and Public Petitions heard the case of Colonel Chidi Ukoha, one of the retirees and postponed hearing of other cases until the officers withdrew them from the courts. To the surprise and chagrin of the committee, the director of army legal services, fumbled and wobbled as he went through Ukoha’s personal file and discovered no evidence of any infraction. The legal services director who was shocked at the discovery remarked while trying to justify the unjustifiable that ‘The Army Council is aware of the officer’s case and has forwarded his appeal to the President, for review’. The Senate in one voice resolved that Ukoha should be reinstated and that the Army should desist from arbitrary and unjust retirements. Curiously, Buratai has refused to comply with the Senate’s resolution. I am convinced that the Senate has not explored the full ambit of its powers in resolving the injustice meted by Buratai to Ukoha, Hassan and others. The Senate can certainly do more.
Unanswered questions
For me there are several unanswered questions for Buratai and Dan-Alli. Firstly, what manner of due process was followed by the supposedly highly professional Nigerian Army that 38 senior officers were retired without being found guilty of an offence? Secondly, when and where were all the officers charged, tried and found guilty?? If they were not, is that not an obvious violation of their human rights and the constitution? I would like to see the evidence, dates and times of the Court Martial sittings!!! Thirdly, were the officers granted fair hearing?? Fourthly, I want to know if the appeals of these officers were ever forwarded to Mr President? Fifthly, how long does it take for the appeals to be reviewed? Did Buratai as Army Chief and Dan-Ali as Minister of Defence approve the retirements without hearing from the officers? If this is true, it smacks of unprofessionalism and gross misconduct. If the answer to any of my questions is no, then I am sorry to say, Mr President, Buratai and Dan-Alli have lied to you.
I challenge Buratai to provide proof of when these officers were tried and found guilty. It is important to note that no less than 18 of these officers were never queried, while several of them were not even in the country!!! And none, I repeat NONE of the ‘Army 38’ was ever charged, tried or found guilty of an offence.
I dare challenge Mallam Garba Shehu and Pastor Femi Adesina, who continue to deny that the Nigerian Army has not breached the human rights of Nigerians, to provide evidence that the Nigerian Army under Buratai complied with various Military laws, the constitution, due process, fair hearing and found any one of these 38 officers guilty.
Conspiracy of silence
What baffles me the most is the surprising conspiracy of silence between the defence and army leadership as well as the Presidency on this matter. It appears they are indeed aware of the perverse injustice meted out to these young men and are either supportive of the actions of Buratai or are totally indifferent as to whether the appeals have merit of otherwise. I ask, why are we so unjust and insincere as a people? Why are Buratai and Dan-Alli lying on junior officers?? Is this justice???
Victim of injustice dispensing injustice?
The President has always lamented his own unjust treatment at the hands of others. He remarks at every given opportunity how he was prematurely retired and detained for several years. I believe, Mai Gaskiya is a just man, but I cannot understand why he will sanction Buratai’s ill treatment of younger Nigerian Army officers.
A year ago, when I first wrote about this injustice, I noted that President Muhammadu Buhari promised to run a compassionate and honest government. My closing words then were, ‘Mr President is a devout Muslim and largely viewed as an honest man. His deputy , Prof Osinbajo is a pastor and professor of law. They know the significance of fair hearing and justice in both our religious books, so why won’t they give our officers the respite and justice our laws and constitution provide. It is worthy to note that justice demands condemnation of the wicked and guilty, while by respecting our laws we preserve our common good and the sacrifices of the innocent.
Mr President sir, the officers and their families cry out for justice, the soul of late Baba-Ochankpa and his family cry out for justice. Why don’t we use our military laws and constitution more as a shield for the innocent rather than a sword of impunity?’
Regrettably, another year has elapsed while Mr President has not attended to the appeals and provide the officers justice. It is evident now beyond any reasonable doubt that the only recourse for the ‘Army 38’ is to obtain justice from the courts. Maybe when the officers have their retirements reversed by the judiciary the government would be embarrassed enough to do the right thing.
‘Justice delayed is injustice delivered’.
Ishaq Yusuf, a social affairs commentator writes from Sokoto.
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