The Defence Headquarters (DHQ) has said Seaman Abbas Haruna has been dismissed from the Nigerian Navy for professional misconduct, including destroying service property, resisting arrest, and disobeying particulars.
Brigadier General Tukur Gusau, the Director of Defence Information, announced his dismissal at a briefing on Wednesday in Abuja.
He said the Ex-Seaman Abbas Haruna, with service number M5759, was arraigned before the General Court Martial on three counts charge of Disobedience to Particular Orders, Resistance to Arrest and Offences about 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.
He said the Defence Headquarters Garrison convened the General Court Martial from 2022-2023, where he was fairly tried and dismissed.
He said, “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 Ignorance on Counts 2 and 3 from 7 February 2023.
“After that, 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 trial’s Record of Proceedings (ROP) was forwarded to DHQ on 27 June 2023 and transmitted to Naval Headquarters (NHQ) on 8 August 2023. The sentences of the GCM were confirmed by the CNS with effect from 19 September 2024,”.
Gusau said contrary to speculations, the ex-rating was certified mentally fit to stand trial, adding that he was “not under the influence of drugs “when he disobeyed superior orders”.
He explained that Ex-Seaman Abbas Haruna M5759 was a Nigerian Navy rating who last served under Exercise AYEM AKPATUMA, a joint operation under DHQ.
He said that the case started when the Ex-Seaman 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 AYEM 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 to prevent 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 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 said.
Speaking further, Gusau, despite the ex-Seaman’s change of plea to guilty, the prosecution led the evidence by highlighting the various elements of each charge that must be proved beyond a reasonable doubt to secure a conviction against the ex-Rating.
“At the end of the proceedings, the GCM found the ex-rating guilty on three counts. A common element affecting the jurisdiction of the GCM, which must be proved, is 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 that the Prosecution was required to prove to secure the conviction concerning the ex-rating were that he disobeyed a lawful authority, resisted arrest, and willfully damaged Service property. These ingredients were sufficiently established before the court and were neither challenged by the ex-rating nor his lawyers.
He continued, “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. Notably, 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 aircraft men are trained for weapon handling to apply the same judiciously and diligently when called upon for the protection of the sovereignty of the FRN and not extraneous uses that could endanger others. Pertinently, it is opined that the ex-rating ought to have also been charged for the attempted murder of everyone who was in the vicinity when he fired the shots. Notwithstanding, he was appropriately charged, tried, found guilty, and sentenced on the three counts of charges presented before the GCM. Furthermore, the confirming authority rightly confirmed the findings and sentences in line with the AFA,” he said.
