By Augustine Ehikioya
Tackling media reports, the Defence Headquarters has explained the circumstances leading to the conviction of Ex- Seaman, Abbas Haruna M5759.
It said that the Ex-Seaman committed an act of gross indiscipline and can never be trusted with a rifle again.
Briefing newsmen, the Director Of Defence Information, Brigadier General Tukur Gusau, monitored by Security Watch Africa (SWA), said “It would be recalled that some media organisations including the social media space were recently bombarded with unsubstantiated stories regarding the case of Ex Seaman Abbas Haruna M5759. Also, some unfortunate allegations have been meted on the Defence Headquarters (DHQ) Abuja on the case involving the ex-rating without finding out the facts of the matter from the appropriate quarters.
“Suffice to mention that Ex Seaman Abbas Haruna M5759 was a rating of the Nigerian Navy who last served under Exercise AYAM AKPATUMA which was a joint operation under DHQ.
“I am here therefore to present the actual facts of the matter relating to the case of Ex Seaman Abbas Haruna M5759 Abbas Haruna M5759 to the members of the press.
“Let me at this point intimate you that the case involving Ex Seaman Abbas Haruna M5759 started when he was found misbehaving during a parade. Specifically, the ex rating was part of the parade during a coordinating conference of the Commanding Officer (CO), when he was addressing troops of Exercise AYAM AKPATUMA preparing for operation. While the CO was addressing the troops, the ex rating continually interrupted the address which warranted the CO to direct him to report to the guard room.
“However, the rating refused to obey the order. Thus, the CO directed his arrest but the ex rating resisted and expended 16 rounds of 7.62mm ammunition belonging to the NN with the aim of preventing other soldiers from taking him into custody.
“Consequently, investigation was conducted and the ex rating was recommended to be tried by court martial. The ex rating was eventually tried by a General Court Martial (GCM) from 20 December, 2022 – 7 February, 2023. Notably, the trial of Ex Seaman Abbas Haruna M5759 by GCM was based on the authority that as serving personnel, he was subject to both military and civil laws.”
He explained that Ex Seaman Abbas Haruna M5759 was arraigned before the GCM on 3 counts charge of Disobedience to Particular Orders, Resistance to Arrest and Offences in Relation to Public and Service Property contrary to Sections 56 (1), 86 (1) and 66 (c) of the Armed Forces Act (AFA) Act CAP A20 Laws of the Federation (LFN) 2004, respectively.
“At the trial, the GCM deliberated on the testimonies of the Prosecution and Defence witnesses as well as the exhibits tendered by the prosecution surrounding the circumstances of the case.
“It is important to note that the ex rating pleaded guilty to all the charges during the trial. The GCM therefore, considered the nature of the offence committed by the ex rating, his plea of guilty and plea in mitigation of punishment as well as the legal advice of the Judge Advocate in arriving at its verdict
“Accordingly, at the conclusion of proceedings, the GCM found Ex Seaman Abbas Haruna M5759 guilty on all counts. Based on this, he was sentenced to Reduction in Rate from Seaman to Ordinary Seaman on Count One and Dismissal with Ignominy on Counts 2 and 3 with effect from 7 February, 2023. Thereafter, the ex rating was placed on open arrest at the arrival hall in Mogadishu Cantonment, Abuja pending confirmation of the sentences by the Chief of the Naval Staff (CNS).”
The Record of Proceedings (ROP) of the trial, he disclosed, was forwarded to DHQ on 27 June, 2023 and subsequently transmitted to Naval Headquarters (NHQ) on 8 August, 2023.
“The sentences of the GCM were thereafter confirmed by the CNS with effect from 19 September, 2024.” he stated.
Giving a brief explanation on how the GCM arrived at the sentencing of Ex Seaman Abbas Haruna M5759, he said “The ex rating was represented by a defence counsel of his choice, Barrister Chukwu N Augustine and Gorgi Esq and he pleaded not guilty to the charges during arraignment.
“However, before the prosecution could call their witnesses to establish their case against the ex rating, his counsel made an application to the effect that the ex rating wanted to change his plea.
“The application was granted and the ex rating changed his plea to guilty, thereby necessitating re-arraignment.”
Despite the change of plea to guilty, he said, that the prosecution led evidence by highlighting the various elements of each of the charges to be proved beyond reasonable doubt in order to secure conviction against the ex rating.
According to him, at the end of the proceedings, the GCM found the ex rating guilty on the 3 counts.
“A common element which affects the jurisdiction of the GCM which must be proved is the fact that the ex rating was subject to Service Law at the time of the alleged offences. This was established by the prosecution and admitted by the ex rating.
“The other ingredients which the prosecution was required to prove to secure the conviction in respect of the ex rating were that he disobeyed a lawful authority, resisted arrest, and willfully damaged to Service property.”
These ingredients, he said, were sufficiently established before the court and were neither challenged by the ex rating nor his lawyers.
“It is pertinent to note that from the totality of evidence presented by the prosecution, the GCM held that the ingredients required to substantiate the offences were proved.
“Importantly, a perusal of the ROP confirmed that the accused rating disobeyed the order of his CO and resisted arrest by firing his rifle to the extent that he expended 16 rounds of 7.62mm which could have resulted in the death of any of his colleagues. The action of the ex rating was in no doubt an act of gross indiscipline capable of taking the lives of his colleagues.
“It is therefore evident that the ex rating cannot be trusted with a rifle or any weapon belonging to the AFN. This is because soldiers, ratings and aircraftmen are trained for the purpose of weapon handling to apply same judiciously and diligently when called upon for the protection of the sovereignty of the FRN and not extraneous uses which could endanger others.
“Pertinently, it is opined that the ex rating ought to have also been charged for attempted murder of everyone that was in the vicinity when he fired the shots. Notwithstanding, he was appropriately charged, tried, found guilty and sentenced on the 3 counts charge presented before the GCM.
“Furthermore, the confirming authority rightly confirmed the findings and sentences in line with the AFA.” he stated.
