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Will Army Council dismiss or pardon Ojogbene Adegbe, ex-Jonathan ADC?

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The Nigerian Army Council is split over whether or not to take any disciplinary action against Col. Ojogbene Adegbe, the former aide-de-camp (ADC) to ex-president Jonathan.

Since Adegbe’s release from Economic and Financial Crimes Commission (EFCC) detention about a fortnight ago, he had appeared before the council to give an account of his involvement in the arms deal scandal for which he was arrested by the EFCC last month, but the council was having a hard time reaching a common ground over the case.

According to Nigerian Army Act, the Army Council is responsible under the general authority of the Chief of Defence Staff for the command, discipline and administration of and for all other matters relating to the Army.

The Council consists of the Minister of Defence as Chairman; the Chief of Defence Staff who shall be the vice-chairman; and the Chief of Army Staff, while the Permanent Secretary of the Ministry of Defence is secretary to the council.

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The Nigeria Army on Saturday denied any division in taking a decision concerning Col Adegbe in his ongoing trial.

Colonel Sani Kukasheka Usman, Spokesman of the Army, said he was shocked to hear about the existence of such council.

“I really don’t know where these kinds of rumours emanate from,” Colonel Usman, the Acting Director of Army Public Relations said.

“Honestly, I am not aware of any council or body constituted to sit on this issue. All I know is that the Army is a disciplined body and it is guided by both military and civil laws under which any erring officer or soldier can be subjected whenever they are found wanting.

Gen. Tukur Buratai, COAS
Gen. Tukur Buratai, COAS

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“All we know is that the army under the current command of the Chief of Army Staff, Lieutenant General Tukur Yusuf Buratai is highly committed to the rule of law, that is why any officer found wanting in the discharge of his job is not shielded from the arms of law – be it military or civil,” he stated when pressed further.

However, the members of the council are believed to be torn between meteing out sanctions against Col Adegbe, who faces likely dismissal from the army if found guilty of the allegations against him for his conduct which is not in tandem with military discipline or pardoning him since he is trained to carry out directives as assigned by his superior and he had maintained that all he did in his capacity as ADC was as directed by his principal.

“The former ADC faces likely dismissal but the army council is in a dilemma over his case. Members of the council are divided on this matter.

“While some are of the view that he should be dismissed, others say he did no wrong. The argument of those who are against his dismissal is that he was only obeying directives from his Commander in Chief,” a source said.

The former ADC has throughout his ordeal, maintained his stance that he would rather be dismissed than give out the information being sought by EFCC.

Another senior officer of the Army who pleaded anonymity since it was not his call to speak to the media, cautioned against treating the former ADC as though he was some kind of special officer or citizen, insisting that the council could not be divided over an issue such as his.

“This officer in question is just a young Colonel in the Army; so what is so special about him that the Army has to constitute a panel or council to decide his fate, to the extent that the army will be said to have been divided over his matter?

“If Generals and even a former Defence Chief in this country are being tried by the EFCC, what is the big deal about a Colonel? Look, the media must desist from this attitude of arrogating some unnecessary recognition to persons or officers that don’t deserve such. Colonel Adegbe was the ADC to a former president; and so what? Does that make him an officer above the law? No! As far as we in the army are concerned, he is not a big deal at all; no one is even talking about him,” he said.

Col. Adegbe was in February detained by the EFCC when he was invited for questioning about the disbursement of over N10 billion to Peoples Democratic Party (PDP) nomination convention delegates.

He was detained by the EFCC, but after pressure by Adegbe’s lawyer, Ogwu Onoja (SAN), to release him in respect of his human right, it was rumoured that the EFCC handed him over to the army where he was allegedly kept in a military detention facility.

An Abuja Federal High Court with Justice Yusuf Haliru presiding on March 1, 2016, ordered EFCC and the Nigerian Army to immediately release him.

The judge said the EFCC had “no right whatsoever” to detain Adegbe or any other person as it was unconstitutional for the agency to keep Adegbe in detention for more than 24 hours.

The EFCC as part of its investigation was exploring the possibility of using the former ADC as a prosecution witness against some powerful suspects.

A source conversant with the matter had said EFCC proposed to cut a deal with Adegbe to use him as prosecution witness so that he might be saved from dismissal from the army; but Adegbe had insisted that he didn’t know anything about the money for arms procurement and that he was only an aide and carried out duties as assigned by his principal.
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