The Nation reports that some 300 officers and enlisted members of the Nigerian Army are facing courts-martial for refusing to go into battle against Boko Haram. A highly-placed anonymous source said:
“The military has addressed all issues and even provided these officers and men with sophisticated equipment but they refused to fight in some places.
“They had allegedly failed to perform their duties in violation of sections 60, 61 and 62. No matter the situation, the law has to take its course. The military is not being wicked as being insinuated.”
The Nation's account helpfully reproduces pertinent statutory provisions:
Section 60 says: “(1) A person subject to service law under this Act who--
(a) deserts; or
(b) persuades or procures any other person subject to service law under this Act to desert,
is guilty of desertion 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 of an offence under subsection (1) of this section shall only be liable to be imprisoned for not more than two years if--
(a) where the offence is against paragraph (a) of that subsection, he was on active service or under orders for active service at the time when it was committed; or
(b) where the offence is against paragraph (b) of that subsection, the person in relation to whom it was committed was on active service or under orders for active service at that time.
Section 61 deals with “assisting and concealing desertion and absence without leave.”
It reads: “A person subject to service law under this Act who--
(a) knowingly assists any other person subject to service law under this Act to desert or absent himself without leave; or
(b) knowing that a person subject to service law under this Act has deserted or absented himself without leave, or is attempting to desert or absent himself without leave, fails to report that fact without delay, or fails to take any step in his power to cause that person to be apprehended,
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.
Section 62 borders on “failure to perform military duties.”
It says: “A person subject to service law under this Act who-
(a) without reasonable excuse, fails to attend for a parade or other duty of any description or leaves parade or duty before he is permitted to do so; or
(b) neglects to perform, or negligently performs, a duty of any description,
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.”
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