A Senior Advocate of Nigeria, Femi Falana, has written a letter dated 19 October, 2015 to the Chief of Army Staff, Abuja requesting for the release of Brig -Gen EA Ransome-Kuti (son of the late human rights activist, Dr. Beko Ransome-Kuti) who was charged before the Special Court Martial (SCM) headed by Maj Gen OE Ekanem at Army Headquarters Garrison Abuja with offences like cowardly behaviour and failure to perform his military duties in the face of Boko Haram insurgency.
According to Falana: “Pursuant to Section 160 of the Armed Forces Act we request that you please authorize and direct that our client be released from custody in order to file and/or prepare for his appeal against the verdict of the SCM. This is most desirable because he had already spent more than 10 months imprisonment in custody. It is pertinent to state that the maximum penalty for the miscellaneous offences relating to property is two years imprisonment which is 16 months under the Prisons Act. The implication is that if our client is further kept in custody, he would be serving more than the mandatory period prescribed in the Armed Forces Act which will cause him unnecessary hardship.”
In urging the Chief of Army Staff to exercise his discretionary powers in favor of Ransome-Kuti, Falana said he intends to appeal and that the grounds of his appeal are not frivolous but anchored on sound and arguable points of law. He added: “He has also undertaken to surrender himself into custody whenever he is required to do so. You are therefore requested to consider our humble request for his release pending appeal in line with the Armed Forces Act and more importantly, in accordance with the Constitution of the Federal Republic of Nigeria which you swore to uphold as the Chief of Army Staff.”
The full letter is published below:
The Chief of Army Staff, October 19, 2015
Office of the Chief of Army Staff,
Army Headquarters,
Abuja.
Dear Sir,
REQUEST FOR THE RELEASE PENDING APPEAL
BRIG-GEN EA RANSOME-KUTI (N/8301)
We are Solicitors to Brig -Gen EA Ransome – Kuti (N/8301) (hereinafter referred to as “our client”) on whose behalf we write this letter to request for his release pending appeal by virtue of Section 160 (1) of the of the Armed Forces Act (Cap A20) Laws of the Federation of Nigeria, 2004 which provides that:
“Notwithstanding the provisions of section 159 of this Act, a person sentenced to a period of detention or imprisonment by a court-martial shall have, within thirty days after being sentenced, the right to apply to the confirming authority or appropriate superior authority for a direction that he be released from custody or imprisonment until after the expiration of the period that may be prescribed for appeal under this Act or if there is an appeal, until the determination of the appeal”.
Our client was charged before the Special Court Martial (SCM) headed by Maj Gen OE Ekanem at Army Headquarters Garrison Abuja with the following offences:
Charge 1
i. Statement of Offence: Cowardly behaviour contrary to Section 47 (1)(a) of the Armed Forces Act and punishable under Section 47 (3) of the Armed Forces Act Cap A20 LFN 2004.
ii. Particulars of Offence: In that you, Brig Gen EA Ransome – Kuti, Col OC Ajunwa, Lt Col A Hurana and Lt Col GA Suru on or about 3 Jan 15 at Multi-National Joint Task Force (MNJTF), Baga in Borno State, exhibited cowardly behaviour by abandoning your duty post (HQ MNJTF) which it was your duty to protect when the Boko Haram Terrorists attacked the location.
Charge 2
i. Statement of Offence: Failure to Perform Military duties contrary to Section 62 (b) of Armed Forces Act (CAP A20) LFN 2004.
ii. Particulars of Offence: In that you, Brig Gen EA Ransome – Kuti, Col OC Ajunwa and Lt Col GA Suru, at Multi-National Joint Task Force (MNJTF) baga on or about 3 Jan 15, negligently performed your military duties by failing to co-ordinate troops and assets of HQ MNJTF to repel the Boko Haram Terrosists attack on HQ MNJTF.
Charge 3
i. Statement of Offence: Miscellaneous Offences Relating to Property contrary to section 68 (1)(a) of Armed Forces Act (CAP A20) LFN 2004.
ii. Particulars of Offence: In that you, Brig Gen EA Ransome-Kuti on or about 3 Jan 15, at Multi-National Joint Task Force (MNJTF), Baga in Borno State lost Nigerian Army armaments comprising 3 x MTLBs, 4 x 105mm PH Guns, 3 x RPG Launchers, 2 x Panherd, 3 x Sargie, 1 x VBL, 8 X GPMG, 8 X BMGs, 2 x Trucks, 12 x Hilux and large quantity of ammunition being properties of Nigerian Army entrusted to your care.
Our client pleaded not guilty to the charges. To prove its case against Brig Gen EA Ransome-Kuti, the prosecution called a total of 3 witnesses and tendered statements/documents which were admitted and marked as Exhibits. At the end of the prosecution’s case, we made a no case submission. As a result of the no case submission, the charge of cowardly behaviour was dismissed and quashed. The Court ruled that the charge could not be sustained because the withdrawal from MNJTF Baga due to the superior firepower and overwhelming strength of the BHT insurgents was legally justified. We were thereafter called upon to open our defence in respect of the 2 remaining counts. Our client gave evidence and called 3 other officers who testified on his behalf.
However, in its judgment delivered on Thursday, October 15, 2015, the SCM which had earlier held that Brig-Gen Ransome-Kuti took the right decision by withdrawing his troops from Baga in the circumstance in which he found himself turned round to find him guilty on the 2 charges and sentenced him to dismissal from service in respect of the charge of failure to perform military duties and 6 months imprisonment in respect of the charge of miscellaneous offences relating to property.
Pursuant to Section 160 of the Armed Forces Act we request that you please authorize and direct that our client be released from custody in order to file and/or prepare for his appeal against the verdict of the SCM. This is most desirable because he had already spent more than 10 months imprisonment in custody. It is pertinent to state that the maximum penalty for the miscellaneous offences relating to property is two years imprisonment which is 16 months under the Prisons Act. The implication is that if our client is further kept in custody, he would be serving more than the mandatory period prescribed in the Armed Forces Act which will cause him unnecessary hardship.
In urging you to exercise your discretionary powers in favor of our client, we have his instructions to inform you that he intends to appeal and that the grounds of his appeal are not frivolous but anchored on sound and arguable points of law. He has also undertaken to surrender himself into custody whenever he is required to do so. You are therefore requested to consider our humble request for his release pending appeal in line with the Armed Forces Act and more importantly, in accordance with the Constitution of the Federal Republic of Nigeria which you swore to uphold as the Chief of Army Staff.
Please accept the assurances of our highest esteem and regards.
Yours sincerely,
FEMI FALANA SAN