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June 20, 2024
Idakpini was detained in Sokoto cell for over three years on the orders of Buratai before he was dismissed in 2023.
An ex-military personnel, Lance Corporal Martins Idakpini has called on President Bola Tinubu’s administration to investigate the Nigerian Army authorities regarding the nine soldiers charged with nine counts of mutiny, misconduct for protesting against overcrowded cells, poor feeding in Sokoto State.
Idakpini was arrested in June 2020 shortly after making a viral video castigating then-Chief of Army Staff, Lt. Gen. Tukur Buratai for the failings of the Nigerian Army in combating and destroying the Boko Haram terror group.
Idakpini was detained in Sokoto cell for over three years on the orders of Buratai before he was dismissed in 2023.
SaharaReporters on Wednesday reported that no fewer than nine soldiers detained at the 8 Division of the Nigerian Army provost group in Sokoto State, for different offences had been charged with nine counts of misconduct, after they broke out of "overcrowded cells" to protest against poor feeding, others.
However, Idakpini, in a letter dated 19 June 2024, addressed to Sen. Godswill Akpabio, the Senate President, National House of Assembly; Sen. Ahmed Lawan, Chairman, Senate Committee on Defence; Sen. Ali Ndume, Chairman, Senate Committee on Army, and obtained by SaharaReporters on Thursday, said the Nigerian Army was operating out of the military codes of conduct.
He asserted that the soldiers didn't kill anyone rather it was the Nigerian Army who deliberately shot one of them (17NA/76/4847 Lcpl. Ogunkayode Adegoke).
According to him, the soldier who was shot was still wallowing in pain and agony in the detention. He said he was rushed to the hospital for treatment and later brought back to the detention facility on crutches.
Idakpini accused the acting illegally by detaining soldiers for up to five years or more without being court-martialed.
The petition reads in part, "With all profound due respect, permission to draw your attention to the latest ugly development happening in the Nigerian Army which occurred on the 9th of May 2024 at the 8 Division Nigerian Army Provost Group Detention Gingiya Military Cantonment Barracks in Sokoto State.
"First of all, permit me to point out the disciplinary code of the Armed Forces which stated that all soldiers are subjected to military and civil laws as provided in the Armed Forces Act CAP A20 LFN 2004. In connection to these facts, that is to say without any doubt, we are guided by both Military and Civil Laws as Nigerian soldier.
"At this junction, let me break most of these facts in full details to prove to you that the Nigerian Army are outlawed and going out of the military codes of conduct and why it was necessary and deemed fit for me to write you this letter.
"Secondly, according to section 122 subsection 3 of the AFA, where a person subject to service law under this act, having been taken into service custody, remains under arrest for a longer period than eight days without a court martial for his trial being assembled.”
He continued, "Sometimes no proper investigation and adequate time for the detainees to even brief their legal counsel and that is when they even manage to serve them their malicious charges. Most of the custody where these soldiers are kept are not even conducive for the animals talk more of the detainees.
"Sir believe me, I'm saying this out of experience because I was once there (23-06-2020 to 28-06-2023). This contravenes to section 34 1a and 1b of the 1999 constitution as amended which stated that no person shall be subject to torture or to inhumane or degrading treatment
"According to section 52 subsection 1&3 of the AFA, mutiny means a combination between two or more persons subject to service law under this Act, involving the use of violence or threat of the use of violence, to overthrow or resist lawful authority in the federation. And he's guilty of an offense under this subsection and liable on conviction by court martial to suffer death or life imprisonment.
"For the purpose of emphasis, permission to draw your attention to the above underlined phrase, to overthrow or resist lawful authority in the federation.
"Sir, the Soldiers in Sokoto cell protested against the unlawful authority of the Nigerian Army because they were deprived of their fundamental human rights and so they have to defend their rights as Nigerian citizens and as Nigerian soldiers
"This is in accordance with the Legal provision/privileged of section 286 of the criminal code on self-defense which started that when a person is unlawfully assaulted, and has not provoked the assault, it is lawful for him to use such force to the assailant as is reasonably necessary to make effectual defense against the assault provided that the force used is not intended and is not such as is likely, to cause death or grievous harm.”
Idakpini further stated that "the soldiers didn't kill anybody rather, it was the Nigerian Army who deliberately shot one of them (17NA/76/4847 Lcpl. Ogunkayode Adegoke) and the most shocking thing is that this very mentioned soldier, is still wallowing in pain and agony in the detention up till now because after he was shot, he was rushed to the hospital for treatment and now they brought him back to the detention even with his pitiable condition on crutches”.
He questioned how the army authorities “can release hundreds of terrorists which they claimed they were repented (Those they once called enemies of the nation) so why is it so hard for them to release their own subordinates for their little mistakes (Those they always called ‘Buddies’)”.
He noted that a soldier is entitled to a feeding allowance of N5,000 per day “but go and see the food they are giving to these detainees and no water to drink”.
“The detainees are the ones buying their drinking water. Can you see why I said animals can't survive in most of these army detentions because you can't feed an animals without water and expect them to survive more than two days,” he said.
He made reference to a report published by SaharaReporters on May 10, 2024 lamenting the poor feeding of soldiers to support his claim.
He said, "And now, I learned that the soldiers were maliciously charged recently for mutiny because they were defending themselves and voicing out their ugly situations to the general public for a redress (That was their offence?)”
He said claims that the soldiers tried to escape were false.