Commander of the 33 Artillery brigade in Bauchi, Brigadier-General Muraina Raji, who was standing trial before a special millitary court at the 3 Armoured Division, Jos, for his alleged role in the escape of two high profile Boko Haram suspects, has been discharged and acquitted of all the three charges brought against him by the prosecution.
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He was, however, convicted on “special findings” by the court and sentenced to a three-month loss of seniority in his present rank of brigadier-general , a decision “Subject to the approval of ?the appropriate confirming military authorities”.
Explaining what the court meant by “special findings,” the president of the court said the accused failed to show interest in the detainees who were regarded of high profile.
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The commander was charged with “neglect of military duties punishable under section 62(b) of Armed Forces Act (AFA) CAP A20 Law of the Federation of Nigeria 2004,” in that he, “at ?the Shadawanka Barracks, between January 17 and February 18, failed to provide guard/standing orders for soldiers detailed to be on duty at the Wetland Detention facility”.
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He was also charged with “Negligent performance of military duties” punishable under the same section of ?the AFA, in that at Shadawanka Barracks, he woefully failed to assign responsibilities to officers under him to guarantee the safety of high profile detainees at the detention facility. He was charged with neglect to perform military duties punishable under the same AFA law for neglecting to provide food for the two guards performing 24 hours’ duty at ?the Wetland Detention Facility, causing one of them to go in search of food before the detainees escaped.
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President of the court, Major-General John Samuel Zaruwa, while delivering his judgement at the weekend, told Raji that the court had found out that he had meritoriously served the country for over 33 years, and he had grown through the career and behaved well above an average officer, adding that he had also participated in various operational missions both locally and outside the country.?
“It is your willingness to cooperate with other security agencies to accept suspects for safe-keeping with good intentions which had led to this unfortunate incident of escape which led to this trial.?
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“The court found out that in your career you have never had any case of indiscipline, misdemeanour or misconduct. In view of all these good deeds, the court has decided to award you three months loss of seniority in your present rank of brigadier-general.
This award is subject to confirmation by appropriate superior authorities. You may now take your leave.”
The court visited the Wetland Detention Facility (WDF), armoury, Mobile police duty room and Project 404.
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Mr. Femi Falana, lead defense counsel in his reaction to the judgement described it as contradictory, and said that, “It is a legal anathema for a court to slam a sentence on an accused when the same court has discharged and acquitted him of all the counts”.