The General Court Marshall (GCM) of 7 Division sitting in Maiduguri, Borno State, has sentenced a soldier to seven years imprisonment for manslaughter for killing Mr. Umar Alkali at the popular Monday Market in Maiduguri on December 23, 2015.
The unnamed soldier was found guilty of manslaughter punishable under Section (105) of the Armed Forces Act CAP A20 of the Laws of Nigeria 2004. The soldier said he acted in self-defence, claiming the deceased tried to wrestle his rifle from him. He added that he shot and killed him to save his life and that of his colleagues. The claim was set aside on the ground of use of disproportionate force.
While dismissing the initial charge of murder levelled against the soldier, the GCM upheld the charge of manslaughter. The President of the Court, Brig.-Gen. Olusegun Adeniyi, gave a detailed account of proceedings and relevant laws that guided the court in arriving at its decision.
Another soldier (name withheld) was found guilty of one-count charge of desertion punishable under Section 60 of the Act. He was sentenced to 14 months’ imprisonment.
The Acting General Officer Commanding 7 Division Brig.-Gen. Victor Ezugwu, in August, inaugurated a General Court Marshal with the mandate of dealing with matters that might arise from activities of troops within the division’s area of responsibility and to ensure that troops work within the framework of their rules of engagement.
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