Posted by By Emmanuel Badejo and Odita Sunday on
THE New Year turned sour yesterday for two naval chiefs on trial over the missing oil bunkering ship, MT. African Pride: They were both dismissed from the force unceremoniously.
THE New Year turned sour yesterday for two naval chiefs on trial over the missing oil bunkering ship, MT. African Pride: They were both dismissed from the force unceremoniously.
For the convicted Rear Admirals Francis Agbiti and Samuel Kolawole, the dismissal is sunset at noon for blossoming careers.
The third accused person, Rear Admiral Anthonio Bob-Manuel, was however found not guilty and consequently, discharged and acquitted by the court martial headed by Rear Admiral Samuel Ajayi.
The judgment, subject to ratification by the Naval Board and the Chief of Naval Staff, came on the 35th day of the court sitting in Lagos.
The General Court Martial (GCM), which was inaugurated on October 27, 2004 by a convening order dated October 14, 2004, was signed by the Chief of Naval Staff (CNS), Vice Admiral Samuel Olajide Afolayan.
The military court tried the senior officers over the 16-count charge brought against them.
Top on the charge sheet was an allegation of conspiracy by the naval chiefs and other persons unknown causing the disappearance of the ship.
Other allegations ranged from negligence of duty, misconduct and alteration of several documents by the officers.
The judgment was earlier adjourned two times, following the inability of the Judge Advocate, Col. John Audu to deliver his summary.
Apparently on security grounds, the venue was yesterday changed, from 81 Division Officers' Mess, near Dodan Barracks, Ikoyi, Lagos, to Naval Training (NNS) Quorra, opposite Naval Beecroft Jetty, where the priced ship was docked before its disappearance in August last year.
The court did not begin sitting until 10.10 a.m. although the scheduled time was 9.00 a.m.
As soon as the court martial members filed in, Ajayi, presiding, immediately opened proceedings and asked Audu to address the court.
The judge advocate addressed the court for about three hours during which he debunked all the objections raised by the defence.
However, on some issues raised and considered by Audu, where doubts might likely arise, he advised the court to critically examine the testimonies of all the witnesses and the position of the defence before a conclusion was reached.
Reading the judgment, Ajayi said: "We have heard the judge advocate and we have deliberated on the submissions of both the prosecution and the defence. We have also critically examined the substantial laws".
He continued: "In arriving at our findings, we are being guided by the decision of the highest court of the land, that is the Supreme Court of Nigeria (SCN).
Considering the charge against Bob-Manuel, the court said it believed the evidence of the prosecution.
It, however, added: "None of the prosecution witnesses linked you (Bob-Manuel) directly or indirectly with conspiracy charge. We noted your quick response of beefing up security when you were FOC, West. You are hereby acquitted of charge one and we accordingly discharge and acquit you of the charge of conspiracy".
The court held that there was nothing to show that Bob-Manuel did not comply with the directive of the Chief of Naval Staff, in view of the evidence adduced by the prosecution.
Rather, the court held that the prosecution agreed with Bob-Manuel during cross-examination that he actually complied with the directives at the material times. "Accordingly, we discharge and acquit you of this charge," Ajayi declared.
Bob-Manuel was also discharged and acquitted from the two other charges. As a result, the president of the court, asked him to leave. The elated naval chief majestically walked out of the court.
Deciding the charge of conspiracy against the second accused, Kolawole, the seven-man panel said: "We did not find any meeting leading to conspiracy causing the disappearance of the vessel".
The court however, added: "With the submission of the prosecution witnesses asserting that some officials of the Russian embassy visited the ship and that the said vessel was said to have disappeared and shortly thereafter, we have accordingly found you guilty of charge one".
On the second charge, that Kolawole permitted some Russian embassy officials to visit the vessel without the permission of the naval boss, and the naval authorities, the court held "from the evidence before the court so far and your defence, accordingly we have found you guilty of this charge".
On the allegation that Kolawole altered service documents contrary to section 90 (b) AFA cap A20 LFN, 2004, the court said that from the available court records, it was clear that the accused officer did commit the offence. He was therefore held guilty of the charge.
Kolawole was held guilty in all other charges, except the fifth one that was withdrawn.
The former Chief of Training and Operations, Nigerian Navy, Headquarters, Abuja, Rear Admiral Francis Agbiti, was also not found guilty of conspiracy charge.
He was however find guilty of charges 2,3,4 and 6. On count-charge three, the court held that the offence was similar to the second allegation, hence, the charge was struck out.
Before the judgment, Ajayi asked Kolawole: "Do you wish to call any witness to testify to your character before sentence is passed on you".
The accused referred the response to his counsel Mr. Babatunde Fashanu (SAN).
Fashanu, represented by Mr. Lekan Sofola, appealed to the court to temper justice with mercy.
He said; "Rear Admiral Kolawole has served this nation meritoriously through the Nigerian Navy, well over 34 years, and he should be due for retirement in about three months from now. He has attended several courses where he performed creditably well".
He continued: "All through his career in the Nigerian Navy, he has never been indicted, in fact, he has never faced any court martial. In the 34 years, he had spent 17 years in the area of training, I may call him, a teacher of teachers in the Nigerian Navy (NN).
"On the personal side, he is a loving father and among his children, one is currently at the Nigerian Defence Academy. Besides, about a year ago, he lost his dear wife. In all, he appears to me to be a victim of circumstances because he took the office as FOC, West, in July and this unfortunate development occurred in August".
On that ground, he appealed to the court to "temper justice with mercy".
For Agbiti, two persons pleaded on his behalf: Rear Admiral Peter Ijebu and Commander R.O Adeojo (rtd). Both of them spoke passionately urging the court to temper justice with mercy.
According to them, Agbiti who had spent well over 34 years in service had all through his career in the Nigerian Navy exemplified high standard of morality.
They also said that at various times Agbiti shunned corruption and fought illegal oil bunkerers while he was Flag Officer Commanding, Eastern Naval Command.
He was also said to have rejected a large sum of money as bribe by some persons while foiling oil-bunkering activities in Warri, Delta State. Agbiti, according to them, on several occasions placed his life on the line for the Navy and the country.
Ijebu and Adeojo urged the court to award minimal punishment.
Also, the lead prosecutor Brig. Gen. Idada Ikpomwen (rtd), pleaded with the court to be sympathetic in arriving at its judgment.
In the same vein, counsel to the victorious Bob-Manuel, Chief Bayo Ojo, pleaded the court to temper justice with mercy.
Reading the sentence, Ajayi said: "We have listened to the pleas and we are going to take them into consideration. We have also listened to the response of the prosecution."
With a wave of the hand, Ajayi noted that the security of life and property of Nigerians and the nation at large was very pivotal to the convening authority of the court.
He said: "The summary of the sentence is that Rear Admiral Kolawale, on count one, dismissal; count two, dismissal; count three, dismissal; count four, dismissal; count five, withdrawn and count six, dismissal."
On Agbiti, Ajayi said: "Count one, discharged and acquitted; count two, dismissal; count three, dismissal; count four, struck out; count five, reduction in rank to commodore; and six, dismissal."
MT. African Pride was arrested by the Nigerian Navy on August 8, 2003. It was, however, declared missing in custody of the Western Naval Command on October 10, 2004.
Since then, the Chief of Naval Staff, Rear Admiral Samuel Afolayan and other top brass of the Navy have been accused of complicity over the missing vessel.`