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The Defence Headquarters has announced the dismissal of a naval rating, Seaman Haruna Abbas, from service for disobedience to Particular Orders, Resistance to Arrest and Offences in Relation to Public and Service Property.
Abbas’s wife, Hussaina Iliya, had earlier accused the military of unjustly detaining her husband in 2018 over an attempt to disarm him.
Hussaina, who made the claims on a popular radio station in Abuja, accused a senior military officer of ordering her husband’s detention.
Her video went viral, prompting Chief of Defence Staff Gen. Christopher Musa and Minister of State for Defence Bello Matawalle to order an investigation.
Addressing journalists on Wednesday, October 2, 2024, the Director of Defence Information, Brigadier General Tukur Gusau, said Abbas was dismissed after the Chief of Naval Staff ratified the judgement of the court martial instituted by the DHQ on September 19, 2024.
Gusau said that Abbas was arraigned before a court-martial on three charges: disobedience to orders, resisting arrest, and destruction of service property.
He noted that the offences were contrary to Sections 56 (1), 86 (1) and 66 (c) of the Armed Forces Act Act CAP A20 Laws of the Federation 2004
Gusau added that upon his arraignment, he pleaded guilty to the allegations against him.
“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,” Gusau stated.
“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. “
Gusau said after the trial, the court found Abbas guilty and dismissed him with effect from February 7, 2023.
He added that Abbas was subsequently placed on open arrest pending the ratification of the judgment.
“Accordingly, after proceedings, the GCM found Ex Seaman Abbas Haruna M5759 guilty on all counts. Based on this, he was sentenced to a 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.
“The Record of Proceedings of the trial was forwarded to DHQ on 27 June 2023 and subsequently transmitted to Naval Headquarters on 8 August 2023. The sentences of the GCM were thereafter confirmed by the CNS with effect from September 19, 2024. “
Gusau dismissed claims that Abbas was tried despite having mental health issues.
“On the issue of mental well-being, we have a clip here that shows medical personnel coming to testify that he has conducted checks and he is fit to stand trial. And again, we have medical certificates from Federal Medical Center, where they certify that he is fit to stand trial,” he said.
“He has been going in and out of hospital, but all the hospitals he attended show that he is mentally fit to stand trial. In fact, because of his, you know, in and out of hospital, that’s why the first court-martial was dissolved, to give him enough time so that he can go and seek medical attention. But all reports came back saying he is physically and mentally ready to stand trial.”
He also said Abba’s Commander did nothing wrong to disarm him.
“You can disarm that person. Once you give a weapon to somebody and you don’t trust him any longer, you don’t allow him until he’s perpetrated an offence or even killed people before you now, you know, collect the weapon.
“The weapon belongs to the states. It belongs to the Armed Forces of Nigeria. You go to the armoury, you sign it, and at every point, until your commander feels he doesn’t trust you with that weapon, he can retrieve it from you. And if you refuse, he can disarm you.”
Narrating how Abbas’ ordeal started, Gusau said the dismissed rating continually interrupted his commander while addressing them on the parade ground.
He added that Abbas disobeyed all orders given to him by his commander, which included him to report to the guard room.
“Let me at this point intimate to you that the case involving Ex-Seaman Abbas 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 when he was addressing troops of Exercise AYAM AKPATUMA preparing for the 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, the investigation was conducted, and the ex-rating was recommended to be tried by court-martial. The ex-rating was eventually tried by a GCM from December 20, 2022 – February 7, 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.”
