ANGRY SOLDIERS GROUND MAIDUGURI AIRPORT THREATEN TO SHOOT SUPERIORS - justiciability(?)


Vanguard reported yesterday that there is currently tension at the Maiduguri international airport in Borno state as angry soldiers are shooting indiscriminately to protest their deployment from the state capital to another local government, (Marte Local Government) of the state.

It was reported The special forces are ready for trouble. They are really angry. The superiors were asked to stay off or be killed, including Bulami Biu, general officer commander (GOC) of 7 division, was asked to stay off the airport or risk being shot.

As shocking as the news seem,as it is such that rarely takes place in the history of Nigeria, one may be tempted to waver the confidence in Nigeria's system to combat insecurity facing her.
Can there be confidence when the 'agents of death' are frightened to look death in the face?

Although, the cliché that the solace of a soldier is in wars, it is however not true that soldiers are incapable of fighting unjust treatment by superiors in war.

POINT OF LAW(ARMED FORCES ACT
This protest by the soldiers is as provided under the Armed Forces Act, a mutiny punishable by death on the decision of a courts martial.

PART XII of the Armed Forces Act, the legislation for the Nigeria Armed Forces provides for several punishable misconduct in action including 'cowardly behavior' in Section 47 and disobedience in Section 48.

JUSTIFICATION
The soldiers who are of the special forces refused to enter the aircraft to deploy them to Marte local government claimed that after spending over four years in Maiduguri, they ought to be sent back to their families and not to be posted to another dreaded zone to face death.

Section 26 of the Armed Forces Act allows the president to make regulations on commissioning of officers, which makes the discharge of these soldiers legally subject to authority.

Although the aggrieved soldiers may be right in their claims, According to an anonymous comment 'No army globally subject it's soldiers to emotional and mental torture, it affects their field performance'
The way some officers are being treated absolutely demeaning and make them look like expendables. When that is perceived, mutiny must definitely set in . The officers must show that Es-spirit-de-corps..

Regardless of the foregoing Section 178 of the Armed Forces Act, provides for redress of complaints of an officer who thinks himself wronged...his complaint is to be made to the Forces Council for redress.
Resorting to a protest is a rebellious act which the Armed Forces definitely does not condole

The outcome of this protest is unknown yet, but quite predictable, no institution has more stringent and most disciplined rules than the Armed Forces  especially during Military rule, (Abacha, IBB) where defaulting soldiers faced firing squad at the slightest hint of rebellion. Therefore, save for national and international intervention, these soldiers may likely face the Courts Martial.

Also, recall that in December 2014, 54 angry soldiers were court martialed to face death by firing squad for opening fire on their General Officer Commander (GOC), over 100 were also to be Court Martialed for misconducts, until National outcry and International Intervention.

On this, 'unfair treatment is unjustifiable but rebellion is intolerable'...

_Olufowose Samuel is a staff writer of Legal Kekenke._

LK.
       ...making a statement.

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