Wednesday, May 21, 2014

‘How Intrigues, Shooting, Protest Impede Anti-Terror Fight’ In Nigeria
The Nigerian military is at the center of developments in the
country.
Tuesday, 20 May 2014 21:32
Written by Madu Onuorah, Abuja Bureau Chief
Nigerian Guardian

DETAILS have emerged on the incidents that led to last week’s protest by soldiers in the Military Reception Station (MRS) at the Maimalari Cantonment, Maiduguri, Borno State. The cantonment also hosts the headquarters of the 7 Division of the Nigerian Army.

   The incident, which is causing consternation within the armed forces, is a dent on the Nigerian Army, which prides itself as a professional and disciplined outfit.

   This is because the offence of mutiny for which the soldiers are being investigated attracts capital punishment (death sentence). They are also accused of turning their weapons on fellow soldiers. All the 500 members of the unit, from the commanding officer to the least, private are being quizzed.

   It was learnt that the unit involved in the shooting incident, the 101 Battalion of the Nigerian Army was formed about a month ago but has been “a problem unit full of disobedient and undisciplined soldiers.”

   The leadership of the military described the incident as the first in Nigeria where soldiers use their guns as instruments of protest and pointing same at their commander; the General Officer Commanding (GOC), 7 Division of the Nigerian Army, Maj. Gen Ahmed Mohammed. It shows the sorry state of the Nigerian military and the need for genuine reappraisal of the recruitment indices and the state of weapons used by the Nigerian armed forces.

   For the soldiers of the 101 Battalion, their immediate grievance was that they were ambushed at Dalwa area on their way back from Chibok, the town where the schoolgirls were abducted by Boko Haram insurgents on April 14. And because it was late at night the soldiers decided to stay in a village and return the next day.

   The GOC heard this plan and ordered them to return to Maiduguri immediately. There was the fear that they could be attacked by Boko Haram insurgents as the villagers already know that they were staying for the night and since they were few in number, they could be ambushed.

   The soldiers obeyed the GOC’s order and left that night. On their way, they were ambushed by the insurgents and some of them were killed. The surviving soldiers brought the injured to the MRS inside the Maimalari Cantonment, Maiduguri. The GOC decided to visit the injured. On sighting him, the soldiers started a protest, and said, “we told you we wanted to put up for the night until tomorrow morning but you insisted we must return the same night, see what has happened now. Oya come chop the dead bodi now.”

   The atmosphere became tense and some of the soldiers started throwing stones in anger over their dead mates. This was followed by several rounds of shots in the air. Sensing danger, aides of the GOC immediately formed a wall of defence to shield him. Then they immediately whisked him away in the pilot vehicle in his convoy. In an attempt to shoot the GOC, they missed and shot his orderly, who is still in hospital.

   A source familiar with the team (Board of Inquiry and Military Police) investigating the circumstances leading to the shooting told The Guardian that, “the issue is very serious. It was concocted like a protest on welfare and lack of weapons. Yes, these two are there. But it is more of cowardice than lack of equipment or weapons because the same unit has lost its weapons to Boko Haram insurgents in the just one month it was formed in Maiduguri and deployed to base. They are a new unit and have not spent one month. But they gave the former General Officer Commanding, Maj. Gen Ahmed Mohammed tough times.

   “They give conditions for deployment to missions against Boko Haram. About two weeks before the protest, they were deployed to a particular location and they withdrew on their own without clearance from their GOC. The protesting soldiers believe Nigerians will accept the lines they are selling that they were shooting in protest over non-payment of allowance. How can they talk of allowance when they have not stayed up to one month?”

   This is the second incident of soldiers protest in Nigeria. In July 2008, some soldiers of the 312 Artillery Regiment, Akure, which was the 15th Battalion of the Nigerian Army that served in United Nations Mission in Liberia, took over the streets of Akure, Ondo State, demonstrating over their unpaid international peace keeping allowances.

   A board of inquiry was constituted. Later, a General Court Martial (GCM) was convened. The army personnel were arraigned for mutiny. 27 soldiers were convicted and sentenced to life imprisonment.

   In August 2009, Nigerian Army Headquarters confirmed the sentences of the GCM, but commuted the life imprisonment to seven years. The Army Council later confirmed the sentences passed on officers who were convicted by the GCM. The four affected officers were compulsorily retired on administrative grounds. Though the affected officers were not sentenced for stealing the money that ought to have been paid the sentenced soldiers, they were convicted because they “misapplied” the funds in that they paid to soldiers of 72 Battalion Makurdi, the money meant for 312 Artillery Regiment, Akure. But in December 2010, the Nigerian Army authorities pardoned the 27 soldiers imprisoned.

   The soldiers may likely be charged for mutiny. Section 52, sub-section 3 of the Armed Forces Act states as follows: (3) In this section and other sections of this Act, “mutiny” means a combination between two or more persons subject to service law under this Act or between persons, two at least of whom are subject to service law under this Act:

(a) to overthrow or resist lawful authority in the Federation or in any arm or service of the Armed Forces or in any force co-operating with the Armed Forces or in any part of those forces;

(b) to disobey the authority as is mentioned in paragraph (a) of this sub-section in such circumstances as to make the disobedience subversive of discipline, or with the object of avoiding any duty or service against, or in connection with operations against the enemy;

(c) to impede the performance of any duty or service in the Federation or in any arm or service of the Armed Forces or in any force co-operating with the Armed Forces or in any part of those forces.”

   Those who escape under the charge of mutiny, those who were not directly involved, would likely be tried under Section 54, which deals with insubordinate behaviour. Section 54 of the Armed Forces Act states: (1) A person subject to service law under this Act who:

(a) strikes or otherwise uses violence to, or offers violence to, his superior officer; or

(b) uses threatening or insubordinate language to his superior officer, is guilty of an offence under this section and liable, on conviction by a court-martial, to imprisonment for a term not exceeding two years or any less punishment provided by this Act.

   (2) A person convicted under sub-section (1) of this section shall only be liable to be imprisoned for not more than two years if the offence was committed on active service or involved the striking or other use of violence, to the superior officer exercising authority as such.

  (3) In sub-sections (1) and (2) of this section, “superior officer” in relation to a person, means an officer, a warrant officer or its equivalent rank, non-commissioned officer subject to service law under this Act of superior rank, and includes an officer, a warrant officer or its equivalent rank, or non-commissioned officer so subject of equal rank but greater seniority while exercising authority as that person’s superior.

   According to a source, “yes, what happened in Maiduguri is unprecedented. It is an embarrassment to the image of the Nigerian military and an affront to its professionalism and integrity. Look, mutiny is not a word you use lightly. But when soldiers turn their guns on fellow soldiers and their GOC; when they were pushing their GOC around; when they were firing; not just firing but also firing at their GOC, then this has gone beyond an emotional issue. It is mutiny and the offence is capital. Mutiny during war is death sentence. And if the investigations conclude it is mutiny and they are charged and sentenced, their belief is that the human rights community will make noise on their behalf. This is capital offence and they will pay.

   “What happened in Maimalari Cantonment, Maiduguri is the endemic indiscipline that has crept into the system in the way these soldiers were recruited, which is questionable. The members of the elite class interfered with our normal recruitment process and brought in their wards to join the military. They thought the military is just routine recruitment. No, it is a calling. The soldiers of the 101 Battalion are eager to relocate with all manner of reasons because it is a battlefront. They don’t want to fight. They think this is the usual employment. They are being investigated to find the ring leaders. Yes, they are still under arms. They have to be handled quietly. They were still thinking like students and behaving as if they are union members. If the shooting soldiers get away with this offence, it will go viral.”

   But beneath the military posturing that all is well in its war against Boko Haram, they are deeply worried about the posture of the political elite to the war. They are taken aback that there is no national consensus on fighting the insurgents. The armed forces see this as the reason for lack of mobilisation of resources to get the weapons and equipment to fight the insurgents. The political class is accused of treating the on-going offensive with levity. Many in the military believe this war on terror cannot be won with routine budgetary provisions.

   In the North East mission area, unresolved welfare issues daily crop up. Despite the public show of bravado by the military command, they are fighting the war against Boko Haram without special provision from the Nigerian government.

   Sources said that the soldiers on the frontlines are not getting the needed equipment. According to him, “the truth is that the right things are not being done. And you don’t expect the military high command to complain. But where is the budget for the fight against Boko Haram? It is routine budget that is being used to prosecute a full-scale war. How can this work.”

   In reality, the normal soldiers’ rations are almost non-existent. A soldier on the frontline is entitled to three litres of water per day. But they rarely get any water ration. For food, the best they get per day is a can of sardine and bread or a pack of noodles. For the long time the soldiers wear their booths, they are supposed to be supplied with powder to ease sore feet. This is not there for any soldier on the frontline. The military high command intends to provide these amenities, but none of them is reflected in the budget.

   Said a source, “this is the main issue no military personnel wants to get involved in as it could be termed insubordination, a serious offence. Yet soldiers are on duty every day. The military high command would want to procure all that is needed but the funds are not appropriated. Every year, the nation is regaled with the fact that the military has the highest budget estimate. But what percentage of it is for procurement of equipment and other necessary kitting.”

   The military is equally worried about media campaign that it is being well funded. Each year, enormous budget is announced for the military. For the 2013 budget, Ministry of Defence got a total recurrent (personnel and overhead costs) of N20,044,809,028 and total capital budget of N2,902,547,929. Defence Headquarters (DHQ) got a total recurrent of N845,859,208 and total capital of N1,322,060,000. For the Nigerian Army (NA), it got a total recurrent of N121,246,789,959 and total capital budget of N8,763,468,000. The Nigerian Navy (NN) had N58,312,400,621 for total recurrent and N15,035,919,070 for total capital. For the Nigerian Air Force (NAF), it had N63,921,863,341 for recurrent expenditure and N14,235,430,050 for capital budget.

   For the Nigerian Defence Academy (NDA), it had N6,594,249,539 for recurrent and N3,272,650,001 for capital. For the National Defence College (NDC), it got N4,785,570,584 for recurrent and N5,303,787,375 for capital. The Armed Forces Command and Staff College (AFCSC) had N2,702,564,635 for recurrent and N438,000,000 for capital. The Nigerian Armed Forces Resettlement Centre (NAFRC) got N2,017,885,254 for recurrent and N263,260,000 for capital. For the Defence Intelligence Agency (DIA), it got N8,643,889,185 for recurrent and N6,133,720,000 for capital. For Defence Intelligence School (DIS), it got N434,038,395 for recurrent and N31,090,675 for capital.

   For the Defence Missions, they got N9,553,192,956 for recurrent and N664,080,500 for capital. Defence Industries Corporation of Nigeria (DICON) got N1,071,401,463 for recurrent and N1,700,000,000 for capital. The Military Pensions Board (MPB) got N147,343,068 for recurrent and N52,520,000 for capital. The Presidential Committee on Barracks Rehabilitation (PCBR) got N80,289,649 for recurrent and N3,894,466,400 for capital.

   This means that out of a total budget of N364,415,146,885 for 2013, N300,402,146,886 was for recurrent while N64,013,000,000 was for capital projects. A study of the 2013 figure show that the fighting forces of Defence Headquarters, Army, Navy and Air Force headquarters, they got a total capital budget of N39,356,877,120 representing Defence Headquarters – N1,322,060,000, Nigerian Army -N8,763,468,000, Nigerian Navy - N15,035,919,070 and Nigerian Air Force - N14,235,430,050.

   For the 2014 budget, Main Ministry has a total recurrent of N21,161,886,014 and total capital of N2,077,048,224. The following were provisions for recurrent and capital respectively: DHQ - 937,921,452 and 887,371,997; NA - 127,885,396,725 and 4,824,913,470; NN - 62,125,329,779 and 7,998,894,731; NAF – N65,628,615,606 and N7,612,974,815.

   For the NDA, it is N6,459,080,169 and N1,577,761,575, NDC - 4,386,300,133 2,556,983,459, AFCSC - 3,021,359,317 and 211,162,077, NAFRC – N2,123,751,405 and N126,919,014; DICON – 1,102,214,789 and 820,530,000; DIS - 348,125,117 14,980,000, DIA – N4,140,727,220 and N3,357,600,000, PCBR - 64,397,168 1,877,542,492; Defence Missions - 6,539,056,900 320,000,000 and MPB - 118,178,077 25,320,146. Out of a total budget of N340,332,339,871, total recurrent for 2014 is N 306,042,339,871 while total capital for the DHQ, NA, NN, NAF is N34,290,000,000.

   For the Office of National Security Adviser (NSA), which comprises of the Department of State Security Services, National Intelligence Agency (NIA), Presidential Air Fleet and State House, the total budget allocation for 2013 was N82.255 billion. This includes a total recurrent of N66.458B (personnel - N53.155B and overheads - N15.796 billion and a total of N50 billion for capital. For the 2014 budget proposal, the total was N110.725 billion. Out of this, N66.625 billion represented a total of N53.155 billion for personnel cost and N13.469 billion for overheads. The capital vote was N44.100 billion.

   Even the money appropriated for capital projects are not left for the end-users, the military to determine its implementation. Immediately the budget is signed, Presidency officials, National Assembly members (under the guise of oversight functions) and other top Nigerian officials besiege the military in order to decide who executes the contracts. Sometimes, these officials recommend vendors/middlemen instead of procuring the equipment directly from the manufacturers.

   And they also face the bureaucracy. Most times, the greed of the politicians and the accompanying believe by civil servants that the funds budgeted for are to be shared. All these frustrate the execution of projects.

   This clear lack of initiatives to re-equip the military may explain why Borno State Governor, Kashim Shettima, told journalists at the Presidential Villa last February that Boko Haram is better armed than Nigerian troops. To an extent, Shettima was right on the calibre of weapons (RPGs, anti-aircraft guns and major assault weapons) used by the terrorists vis-à-vis the conventional weapons used by the military.

   The Guardian leant that Al Qaeda in Maghreb (AQIM) has been supporting the Boko Haram insurgents with weapons – Rocket Propelled Grenades (RPGs) and other anti-aircraft guns. In addition, weapons including RPGs, sub-machine guns and other major rifles are frequently smuggled from Al Qaeda linked Libyan armed gangs to Boko Haram. Such weapons get to the insurgents through Central African Republic, which shares common borders with Cameroon and has had unstable central government for some time now.

   The RPGs are used freely by all strata of the terror group in destroying villages and other targets. But for the Nigerian troops, RPGs are used only sparingly in internal security operations because of its devastating effects on lives and property. And in a war where the enemy is not clear-cut, the military believes that the use of such weapons by its troops may earn it condemnations from the public and the international community.

   Also, Boko Haram is allegedly getting help from its Al Qaeda affiliates through supply of fighters. Sources said the current set of Boko Haram insurgents who are “more battle-tested and blood-thirsty” are believed to have been recruited from Libya and Mali, where lawless armed gangs still hold sway. They have joined through mainly the Cameroonian borders and are now directing the attacks with support of the local insurgents.

   Whatever is the cause of the protest, the military authorities are determined to ensure that any soldier who is recruited, trained and did take an oath of attestation pledging to obey the Commander- in-Chief and the officers appointed over him, lives up to his or her pledge.

   As a source stated, “the soldier shares the bond to defend the country against aggressors, even when it means making the supreme sacrifice. This is displayed in an unwavering commitment to doing his best and not quitting until assigned missions have been accomplished.

   “On joining the Army, soldiers accept an open-ended commitment to serve whenever and wherever they are needed, whatever the difficulties or dangers may be. They agree to subordinate their own interests to their units, the Army and the nation.

   “It imposes a degree of limitations on individual freedom. This may involve long periods of separation from family and friends, disruption caused by short notice to relocate and the carrying out of regimental guards and duties. Indeed, this is the essence of Nigerian armed forces, which must be upheld no matter the circumstances or grievances.”

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