Ex-Seaman Abbas Haruna To Face Reduction in Rank, Dismissal After Military General Court-Martial Found Him Guilty

Ex-Seaman Abbas Haruna To Face Reduction in Rank, Dismissal After Military General Court-Martial Found Him Guilty

The Defence Headquarters says, the Military General Court-Martial has found Ex-Seaman Abbas Haruna guilty on all three count charges of disobedience to particular orders, resistance to arrest, and offenses in relation to public service property, and was sentenced to Reduction in Rate from Seaman to Ordinary Seaman on Count One and Dismissal with Ignominy on Counts 2 and 3 with effect from 7 February 2023

According to SpyeTV, the Director Defence Information, Brig.General Tukur Gusau disclosed this today, Wednesday 2nd October 2024 at a media briefing at the Defence Headquarters in Abuja. 

General Gusau said ex Seaman Abbas Haruna M5759 was arraigned before the General Court-Martial on 3 counts charge of Disobedience to Particular Orders, Resistance to Arrest and Offences in Relation to 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 explained that the case of the ex-Seaman Haruna started when he was found misbehaving during a parade. Specifically, the that Ex Seaman Abbas Haruna M5759 was a rating of the Nigerian Navy who last served under Exercise AYAM AKPATUMA which was a joint operation under DHQ.

He added that, while the commanding officer was addressing the troops, the ex-raiding continuously interrupted the address which warranted the commanding officer to direct him to report to the guardroom. However, the raiding refused to obey the order. 

Thus, the commanding officer directed his arrest, but the ex-rating resisted and expanded, instead, expanded 16 rounds of ammunition belonging to the Nigerian Navy with the aim of preventing other soldiers from taking him into custody.

Consequently, investigation was conducted and the ex-rating was recommended to be trial by court-martial. The ex-rating was eventually tried by a general court-martial from 20 December 2022 to 7 February 2023.  

General Gusau also noted that the trial of Ex-Seaman Abbas Haruna by the general court-martial was based on the authority that, as serving personnel, he was subject to military laws.

He stressed that the Ex-Seaman Abbas Haruna was arraigned before the general court-martial on three count charges of disobedience to particular orders, resistance to arrest, and offenses in relation to public service property, contrary to Section 56, Subsection 1, Section 86, Subsection 1, and Section 66, Subsection C of the Armed Forces Act, CAF 820, Laws of the Federation, 2004, respectively. 

“At the trial, the general court-martial deliberated on the testimonies of the prosecution and defense witnesses, as well as the exhibits tendered by the prosecution surrounding the circumstances of the case. It is therefore important to note that the ex-rating pleaded “NOT” guilty to all charges during the trial at first then later pleaded Guilty.

“The general court-martial therefore considered the nature of the offense committed by the ex-raiding, his plea of guilty, and plea in mitigation of punishment, as well as the legal advice of the judge-advocate in arriving at its verdict. 

“Thereafter, the ex-rating was placed on open arrest at the Arrival Hall in Magadishu Cantonment,  pending confirmation of the sentencing by the appropriate superior authority. 

Based on this, he has access to even his family, as can be attested during the appearance of the woman in the radio station. She said she had access to him.

“She even had babies for him within the period he was under open arrest. The record of proceedings of the trial was forwarded to Defense Headquarters on 27 June 2023, and subsequently transmitted to Naval Headquarters on 8 August 2023.  The sentences of the general court-martial were thereafter confirmed by the Chief of Naval Staff would effect from 19 September 2024.” he said

The ex-rating, according to General Gusau, he was represented by a defense counsel of his choice in the name of Barister Chukwu N. Augustine and Barister Goji Esquire, and he pleaded not guilty to the charges during arraignment. However, before the prosecution could call their witnesses to establish their case against the ex-rating, his counsel made an application to the effect that the ex-rating wanted to change his plea.

The application was granted and the ex-rating changed his plea to guilty, thereby necessitating rearrangement. Despite the change of plea to guilty, the prosecution led evidence by highlighting the various elements of each of the charges to be proved beyond reasonable doubt in order to secure conviction against the ex-raiding. 

“At the end of the proceedings, the GCM found the ex rating guilty on the 3 counts. A common element which affects the jurisdiction of the GCM which must be proved is the fact 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 which the Prosecution was required to prove to secure the conviction in respect of the ex rating were that he disobeyed a lawful authority, resisted arrest, and willfully damaged to Service property. These ingredients were sufficiently established before the court and were neither challenged by the ex rating nor his lawyers.

“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. Importantly, 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 aircraftmen are trained for the purpose of weapon handling to apply same judiciously and diligently when called upon for the protection of the sovereignty of the FRN and not extraneous uses which could endanger others. Pertinently, it is opined that the ex rating ought to have also been charged for attempted murder of everyone that was in the vicinity when he fired the shots. 

“Notwithstanding, he was appropriately charged, tried, found guilty and sentenced on the 3 counts charge presented before the GCM. Furthermore, the confirming authority rightly confirmed the findings and sentences in line with the Armed Forces Act.

SpyeTV News reports that about two weeks ago, the Chief of Defence Staff gave a directive that the case of Seaman Abbas Haruna, should be well investigated after his wife went to a certain media station to make all sorts of allegations and unverifiable statements.

SpyeTV News can authoritatively report that, a video clip of the court Marshal proceedings was played during the press briefing to ascertain that the wife of the Naval personnel was present at the General Court Martial.

Some unfortunate allegations have been made on the case involving the ex-seaman Haruna without finding out the facts of the matter from the appropriate sources.