21st October, 2015
Human rights lawyer, Mr Femi Falana (SAN), has written to the Chief of Army Staff, General Tukur Buratai, seeking for the release of Brig -Gen E. A. Ransome-Kuti who was jailed by the military authorities over his cowardly conduct in the fight against Boko Haram.
In the letter dated 19 October, 2015, Falana pleaded for the release of the son of the late Beko Ransome-Kuti, pending the appeal of the jailed military officer.
He said in the letter that his dismissed client, Brig -Gen E.A. Ransome-Kuti, pleaded not guilty to the three-count charge brought against him.
Brig-Gen E.A. Ransome-Kuti was charged before the Special Court Martial (SCM) headed by Maj Gen OE Ekanem at Army Headquarters Garrison, Abuja.
Among the charge are: Cowardly behaviour contrary to Section 47 (1)(a) of the Armed Forces Act and punishable under Section 47 (3) of the Armed Forces Act Cap A20 LFN 2004; Failure to perform military duties contrary to Section 62 (b) of Armed Forces Act (CAP A20) LFN 2004; and Miscellaneous Offences relating to property contrary to section 68 (1)(a) of Armed Forces Act (CAP A20) LFN 2004.
According to Falana, “We are Solicitors to Brig -Gen EA Ransome – Kuti (N/8301) (hereinafter referred to as “our client”) on whose behalf we write this letter to request for his release pending appeal by virtue of Section 160 (1) of the of the Armed Forces Act (Cap A20) Laws of the Federation of Nigeria, 2004 which provides that: ‘Notwithstanding the provisions of section 159 of this Act, a person sentenced to a period of detention or imprisonment by a court-martial shall have, within thirty days after being sentenced, the right to apply to the confirming authority or appropriate superior authority for a direction that he be released from custody or imprisonment until after the expiration of the period that may be prescribed for appeal under this Act or if there is an appeal, until the determination of the appeal’.
“Our client pleaded not guilty to the charges. To prove its case against Brig Gen E. A. Ransome-Kuti, the prosecution called a total of 3 witnesses and tendered statements/documents which were admitted and marked as Exhibits. At the end of the prosecution’s case, we made a no case submission. As a result of the no case submission, the charge of cowardly behaviour was dismissed and quashed. The court ruled that the charge could not be sustained because the withdrawal from MNJTF Baga due to the superior firepower and overwhelming strength of the BHT insurgents was legally justified. We were thereafter called upon to open our defence in respect of the 2 remaining counts. Our client gave evidence and called 3 other officers who testified on his behalf.”
Falana further wrote: “However, in its judgment delivered on Thursday, October 15, 2015, the SCM which had earlier held that Brig-Gen Ransome-Kuti took the right decision by withdrawing his troops from Baga in the circumstance in which he found himself turned round to find him guilty on the 2 charges and sentenced him to dismissal from service in respect of the charge of failure to perform military duties and 6 months imprisonment in respect of the charge of miscellaneous offences relating to property.
“Pursuant to Section 160 of the Armed Forces Act we request that you please authorize and direct that our client be released from custody in order to file and/or prepare for his appeal against the verdict of the SCM. This is most desirable because he had already spent more than 10 months in custody. It is pertinent to state that the maximum penalty for the miscellaneous offences relating to property is two years imprisonment which is 16 months under the Prisons Act. The implication is that if our client is further kept in custody, he would be serving more than the mandatory period prescribed in the Armed Forces Act which will cause him unnecessary hardship.
“In urging you to exercise your discretionary powers in favour of our client, we have his instructions to inform you that he intends to appeal and that the grounds of his appeal are not frivolous but anchored on sound and arguable points of law. He has also undertaken to surrender himself into custody whenever he is required to do so. You are therefore requested to consider our humble request for his release pending appeal in line with the Armed Forces Act and more importantly, in accordance with the Constitution of the Federal Republic of Nigeria which you swore to uphold as the Chief of Army Staff.”