Misconduct: Maj Gen escapes death sentence, demoted by Army

A Major-General in the Nigerian Army, Patrick Falola has been demoted to Brigadier-General by Army Special Court Martial over misconduct.

He was said to have admitted international students from Espan Formation University, Cotonou, in Benin Republic, between July and September, 2016 for clinical training without permission from higher authorities.

Prosecuting counsel, Lt.-Col. Ukpe Ukpe, however stated that punishment for the offence which falls under Section 68, could include dismissal, imprisonment or even death.

Base on the allegation, Falola, who is a Director, 68 Military Reference Hospital, Yaba, Lagos State, was arraigned on a two-count charge before a court martial presided over by AVM James Gbum, president of the court martial.

In his ruling, Gbum adjudged Falola’s conduct in using the armed forces property without permission as fraudulent.
He however discharged and acquitted him on charges of conduct to prejudice but held him guilty on dishonest abuse of the hospital’s property.

Gbum said, “This court is compelled to award a higher punishment under sections 103 and 66 of the Armed Forces Act Cap A 20 laws of the Federation 2004. The court has taken into consideration the service record of the convicted senior officer, the touching plea in mitigation by the defence council as well as the demeanour of the convicted officer.

“But we have also taken into consideration the senior officer’s seniority, rank, experience and the regimental tradition of the armed forces. This court has discharged and acquitted the convicted officer on the first charge, on the second offence; the sentence is reduction in rank to Brigadier General.”

Read also: Writers accuse Lai Mohammed of stealing their idea for FG’s ‘Change begins with me’

According to Gbum, the filing and sentences will only take effect after it has been confirmed by the Nigerian Army Council which is the confirming authority.

Lt.-Col. Ukpe Ukpe, the prosecuting counsel, told newsmen that the judgment was a balanced one as the court was very liberal in meting out punishment.

He said citing Section 115 of the Armed Forces Act, that the offence falls under Section 68, which punishment could include dismissal, imprisonment or even death but that the court went down to reduction in rank.

But the defence council, retired Wing Cdr. Enokela Onyilo-Uloko, argued that the conviction lacked legal backing.

He said it was only an attempt to tarnish the clean record of his client as no law in the Army states that senior officers must take permission from the higher authority before allowing such training.

“When we go higher to the Court of Appeal, I assure you, this conviction will be thrown out,” he said.

By Ebere Ndukwu …

RipplesNigeria …without borders, without fears

Join the conversation

Opinions

Support Ripples Nigeria, hold up solutions journalism

Balanced, fearless journalism driven by data comes at huge financial costs.

As a media platform, we hold leadership accountable and will not trade the right to press freedom and free speech for a piece of cake.

If you like what we do, and are ready to uphold solutions journalism, kindly donate to the Ripples Nigeria cause.

Your support would help to ensure that citizens and institutions continue to have free access to credible and reliable information for societal development.

Donate Now