Does the source of an Army officer commission mean anything in the active military?

Like does an academy grad get treated any different than an ROTC person or OCS?

If you have an enlisted guy and an officer, the officer is still "sir," wherever he got his commission from. And an O-6 is still senior to an O-5, again regardless how they got there.

If you have two officers of the same rank, seniority is based on commission date. And it still doesn't make any difference what path he took.

If you have two officers of the same rank, and who were commissioned the same day, time in the service would be taken into account. While I guess that's mathematically possible, the chances are pretty slim.

But, before they resorted fighting it out... like a duel... I'm certain one would defer to the other so they could get on with the job at hand.

The Nigeria Army and the War within

Following the continuation in the struggle for justice by an Army officer Lt. Colonel Silas Jock Santoi of the training and Doctrine Command of the Nigerian Army who has sued President of Nigeria Umaru Musa Yar’adua and three others to court, over unfair treatment to him by the Army and the Federal High Court.

Col. Jock who had been having a running battle with the Nigerian Army since he was recommended for United Nations posting after completing a postgraduate Diploma in Strategic Studies (PGDS) in the University of Maiduguri told Nigerian Tribune that he is presently in court asking the Court to compel President Yar’adua whom he had earlier sent a Petition on his matter to intervene for him to set up a commission of enquiry to uncover the truth in his case that has been frustrated for long.

The case in question started when he completed his PGD programme and was supposed to proceed on a United Nation’s assignment based on the recommendations of the then Chief of Army Staff (COAS) Lieutenant General Victor Malu. However, he was denied such privilege by some officers in Army Headquarters on the excuse that he went to school without approval of the Sponsorship by the army, despite the official release of the officer by his unit to proceed for the course. The officer then protested on the allegation and his matter was investigated and vindicated by the Army Superior Authority (ASA) in a letter Dated 29th, April 2003 and the Army Council approved this recommendation but the Army neglected to implement it.

As a result of the Army failure to implement the said approved recommendation, the officer further forwarded his complaint to the National Assembly who also investigated and advised the Army to do justice to the matter. Instead, the Army falsified a medical report produced by and Army Ophalmologist that the officer has a psychiatric problem with the intention to subject the officer to retirement on Medical ground. Hence the officer, base on the advice by a legal counsel who referred the complaint to the Federal High Court for determination of the controversies involved in the matter.

That since the matter was taking to court in 2004 there has been series of transfer from one judge to the other and frequent changes from one lawyer to another without the matter achieving the justice it requires all this according to the officer is because of conspiracy against justice in the matter. This however led to the officer making a petition to the National Judicial Council (NJC). The council intervened in the matter and directed the then Chief Judge, Justice Abdulahi Mustafa of the Federal High Court to take necessary action to conclude the matter but nothing positive has been done till date.

However, in a statement from Army Headquarters, signed by the Director, Army Public Relations, Brigadier Chris Olukolade, described Lt.Col.Jock’s suit as an attempt to rubbish the army.

“The legal department of the ministry of Defense is handling the matter on behalf of the defendants. Our advice to Lt. Col. Jock and only response to his petition and publications is meeting us in court!

“There is no record anywhere that Lt. Col. Jock was tried by a court Martial. And our records show that he has been lawfully retired from the Nigerian Army with extant Terms and Conditions of Service, TACOS applicable to the Nigerian Army” The statement emphasized.

In his reaction, Lt. Col. Jock insisted that every action he had taken since 2001 to date was guided and in compliance with the Armed Forces Act of 1993, section 178.

“My request to be tried by a court martial was denied in flagrant violation of section 117 of the Armed Forces Act of 1993.”He insisted.

On the issue of retirement, Lt. Col. Jock said he has not been lawfully retired from the Nigerian Army, and that the Federal High Court of Nigeria can bear witness to this, because according to him he went to court in 2004, as a serving military officer to seek redress, which is yet to be determined by the court.

“I have consistently been present in court for my matter and always properly dressed in my army uniform because I consider going to court as an official duty. Even in my last appearance in court on October 29, 2009, I was visibly present in my army uniform.

“Please note that the Terms and Conditions of Service (TACOS) are very clear on this issue. The provision for security of service of a commissioned officer clearly states that, ‘no Commissioned Officer holding a commission of the rank of Lieutenant and above shall be called upon to retire, relinquish or resign his commission or transfer to reserve, or shall pressure be exerted on him to do so. Except by the authority of the Army Council.’ note also that ever since I made my seeking for redress in court, there has never been any communication between the Army Council and me in respect to retirement.

“There is another provision from the same document I quoted above that says, ‘any officer forced to retire after 15 years for reasons not traceable to indiscipline shall have his full pension and benefit on his salary based on the number of years he had served as at the date of retirement.’

“But ever since the Army illegally stopped my salary and benefits in 2005 for no just reason neither have I been notified by the Army, while this complain to seek a redress was still pending in court, no kobo has been given to me to date by the Army authority. So who is fooling who?”He asked metaphorically.

“Even if the Army Council advices an officer to apply for retirement he has the privilege to admit on that or else he will apply for an interview to the COAS and the Hon. Minister of Defense as the case may be to clarify as the reason for retirement.”He stressed.

He then explained that there has never been any report from the media or to the court that he has been dismissed or retired. In contradiction to a report credited to Col. Muhammad Yusuf, a former Director of Army Public Relations in one of the national dailies in November, 16th, 2005 on the pending matter of Sgt. Roggers and Maj. Al-Mustapha, the former Chief Security Officer to Late Gen. Sani Abacha.

The report clearly explains that Rogers and Al-Mustapha like any other personnel facing trials, Court Martial and any other disciplinary problems remain Army personnel until Army Council finds them guilty and that until that happens, such personnel remains in service. Col. Yusuf further confirmed that Sgt Roggers and Maj. Al-Mustapha are never dismissed or retired and that they are still being paid salary despite the fact that they have been in detention since 1999.

On the issue of his denial of fair hearing in the Federal High Court, he maintained that the Court has a constitutional obligation to determine the controversy in any of the matter that is pending before it, in accordance to the rule of law. Referring to other military personnel whose matters have been treated in the courts.

For instance, Captain Yahaya Ibrahim Shinko, Suit number FHC/KD/CS/4/2004 in the Federal High Court, Kaduna, whose redress was granted and the court ordered the Army to re-instate and promote him to the rank Major. Another one is that of the Appeal Court which also make void the dismissal of Brigadier General Aminu Kano against the Army General Court Martial which convicted and sentenced him in October 20th 2006.

Another interesting case was that of Major Jacob Iyela, which the Supreme Court re-instated after Army Court Martial dismissed him for ten years on the grounds of alleged unlawful possessions of firearms. The apex court ordered the settlement of his salaries and other entitlements.

In another case of twenty-seven soldiers jailed for mutiny attended by the verdict of a General Court Martial, which tried the returnee United Nations Peace Keepers. The Supreme Court again ordered for their release from jail and immediate re-instatement.

The Chief of Army Staff (COAS) Lt. Gen. Danbazau was once quoted to have said during the Nigerian Army law seminar in Abuja that the era of disobedience to court orders by the Army is over.”Now the question is why should my own case be treated differently since 2004 till date at the Federal High Court?”Lt. Col. Jock lamented.

On his petition to the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the embattled army officer said his action is quite in order. Because Section 178 (3) of the Armed Forces Act of 1993, the law of the Corrupt Practices and Other Related Offences Act 2000 and section 39(1 and 3) of 1999 constitution, all empower him with the right to take such actions.

“The petition has been made due to manner of conspiracy against justice in my matter in the Federal High Court, which is in clear violation to the rule of law.

“I was reliably informed that the ICPC was to treat my petition, but was pressured against it by the presidency with the view to cover up my matter. Which is very unfortunate at the time the country is fighting against corruption and if the judiciary is not at this time sanitized at this time, there is hope for achieving the purpose of fighting corruption.” He complained bitterly.

“For example, the Arewa Consultative Forum (ACF) which I suppose is saddled with the responsibility of protecting the interest of northerners. My experience however shows that the ACF appears not to be helping matters as it concerns Yar’Adua’s effort to achieve his cardinal policy of rule of law.

“I had reported a matter of abuse of rule of law to the forum sometimes in 2007, under the leadership of late Chief Sunday Awoniyi .They took interest in my case and made efforts to introduce me to one of the elders who is a legal practitioner to take up the matter. Nevertheless, the present leadership under Maj. Gen. I.B. Haruna (rtd) who was in the military and a lawyer overturned it to cover up the matter.

“Another one is the action of the former judge of the Federal High Court, Justice Abdullahi Mustapha; also a northern elder who allowed his office to be abused to cover up the truth in my matter. This was done against the directive from the National Judicial Commission (NJC) to him to personally handle the case.

“I have also in the past reported this matter to some of my fellow prominent northern leaders, such as the Kaduna state governor, Arc Mohammad Namadi Sambo, retired and serving Generals, legal practitioners, including SANs among others, but all in vain simply because they want matters covered up.

In conclusion, Lt. Col. Jock advised the Director of Army Public Relations to kindly concern its publication to issues or prayers that are before the court. This mainly centered on false accusations, denial of fair hearing, ill-treatment and conspiracy against justice in the court rather than his attempt to divert the attention of the public on an unfounded issue of retirement that has nothing to do with his matters before the Federal High Court. Moreover, any attempt to bring retirement issue to court, that will be contemptuous against the court proceedings, which my previous counsel has properly advised the Army on this. I am now awaiting the outcome of the determination of my cases in the court since it is a constitutional obligation to the court to determine the controversies in all my complains that have been frustrated since 2004.

About the Author

Victor Ulasi
Member of the European Press Federation
Tel:+2348079336622
victorulasi@yahoo.com