The Nigerian Army has set up a general court martial for the trial of 5 officers and 20 soldiers within the jurisdiction of the 82 Division of the Nigerian Army in Enugu over various offences.
Inaugurating the court-martial, Brig-Gen Buhari Sadisu, President of the General Court Martial (GCM), said that the General Officer Commanding (GOC) 82 Division, Maj-Gen Oluyemi Olatoye, convened the court-martial.
Buhari said it was pertinent to note that “Court-martial is one of the instruments used in the Armed Forces to maintain discipline.”
He said, “In Court Martial, military personnel alleged to have committed offences known to laws applicable to them are tried and, if found guilty, punished according to the laws criminalising such offences.
“However, where the prosecution failed to establish the allegations against them, the Court will discharge and acquit the accused personnel.
“For the accused personnel present for today’s inauguration, let me assure you that this Court Martial will be guided throughout the trial by the principles of natural justice and fair hearing.
“It will also be guided by the Constitution of the Federal Republic of Nigeria 1999 (as amended) and other extant laws and procedures related to your trial.”
The President said that the court martial would be free from external influence and would afford the personnel accused adequate time and facilities to defend themselves.
According to him, please note that the court martial is fully aware of the cardinal principle of our criminal judicial system, which states that an accused person is presumed innocent until the contrary is proven.
“Under our criminal justice system, it is better for 99 guilty persons to be set free than for one innocent person to be convicted.
“Accordingly, I assure you that the Court Martial will strive to do justice in your cases by ensuring that evidence presented before her is judiciously and reasonably evaluated.
“This is to avoid a situation where an innocent person is made to suffer unjustly,” he said.
The Court Martial has the same power and concurrent mandate as the Federal and State High Courts, as its decisions can only be challenged at the Court of Appeal.
In the Court Martial session, regular court lawyers within Enugu also appeared for some accused personnel.
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