By Senator Iroegbu and Adedayo Akinwale
The Special Court-Martial (SCM) sitting at the Army Headquarters Garrison, Abuja, has adjourned the case between the Nigerian Army and the two accused senior officers, Maj-Gen. Sani Ibrahim and Maj-Gen. Patrick Falola to May 9, 2016.
Ibrahim was formerly at Army Transformation and Innovation Centre, while Falola was the former Commander, 68 Hospital, Yaba ,Lagos.
The president of the Court, Air Vice Marshal (AVM) James Gbum, made the pronouncement during the inauguration of the SCM on Thursday.in consideration of the request of the prosecution counsel, Lt. Col. Ukpe Ukpe.
The inauguration saw Col. Said Musa as the Judge Advocate, AVM. Iya Abdulahi, and Rear Adm. Peter Agba as members, and Rear Adm. Edwin Enechukwu as waiting member.
Prosecution team prayed the court that the judge advocate should put himself out and give the accused officers the opportunity to object the sitting of the judge advocate, Col. Musa, who was said to be involved in the investigation of the accused officers.
But the defence counsel to Maj-Gen. Ibrahim said the observation made by the prosecution counsel was a mere academic exercise, saying that the defence counsel should be the one objecting and not the prosecution counsel.
He argued that the prosecution counsel has no right to object as the court has not been fully formed, adding that until the court is fully formed that is when court can entertain application.
In the same vein, the defence counsel to Maj-Gen. Patrick Falola, Wing Commander. Enekola Onyilo rtd, said it was unnecessary for the judge advocate to put himself out to be objected because the accused have not complained.
Countering the defence, the prosecution counsel argued that the procedure should be followed in order not to create room for the defence counsel to capitalise on by way of delay tactics in the course of the court proceedings.
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