Tunde Sanni
9 October 2008
Ibadan — A Master Warrant Officer (MWO) of the Nigerian Army, Mr. Stephen Aigbe, facing a mutiny charge since 1996 has slammed a N100 million suit on the military authorities for his 10 years unlawful detention and stoppage of his salary, allowances and other emoluments without being formally discharged from the Army.
Aigbe also dragged the Attorney-General of the Federation and Minister of Justice, Chief of Army Staff (COAS) and the General Officer Commanding (GOC), 2 Division of the Nigerian Army to a Federal High Court, sitting in Ibadan , faulting their refusal evacuate him following the refusal of military courts to sit on the matter.
According to a written brief before the court by the embattled soldier's lawyer, Mr. Toyin Okebukola, the soldier stated that his ordeal started in April 1996 when he was accused of writing anonymous letter against a certain Col. H.A. David after which a Board of Inquiry was set up to investigate the matter.
The embattled soldier was said to have been charged thereafter with mutiny among other charges and was subsequently arraigned before a Camp Commandant's panel which he objected to, calling for the setting up of a court martial.
But while investigations into his case was on, Aigbe claimed that he was put in the guardroom for 10 years without trial while the mutiny charge against him was not withdrawn either.
The embattled soldier further disclosed that since his ordeal started, his salaries, allowances and other benefits have been stopped.
Though he was able to obtain an ex parte order, which allowed him to enforce his fundamental human rights, the embattled army officer said, in 2007, the military authorities did not respond to his substantive suit, forcing the court presided by Justice J.T. Tsoho to fix a date for judgment in the case.
Though the trial judge was not available to deliver the judgment as he wasaway on official trip, an official from the Civil Litigation and Public Law Department in the Federal Ministry of Justice, B.R. Ashiru, brought a fresh application objecting to further proceedings in the case.
The military authorities counsel in the application had argued that the court lacked jurisdiction to entertain the matter while the action itself was incompetent and urged the court to dismiss the case totally .
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