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.... ....   Home  |  Cover Stories  |  National Newsreel  |  Politics  |  Business  |  Sports  |  World  | Contact  | Advert Rates  Towards a better life for the people Search The Archives   Cover Stories National News South West Niger Delta South East North Politics Business Sports World Viewpoints Features   Naval chief asks court to stop court-martial By Innocent Anaba Wednesday, December 08, 2004 LAGOS—Rear Admiral Samuel Kolawole, one of the Naval Chiefs, who is facing court-martial for the disappearance of a seized crude oil bunkering vessel, MT African Pride, yesterday asked a Federal High Court sitting in Lagos to void the Court-Martial set-up by the Chief of Naval Staff to try him alongside two others, contending that the said Court-Martial will not give him fair hearing, contrary to the clear provisions of the constitution. Counsel to Rear Admiral Kolawole, Chief Babatunde Fashanu (SAN) while arguing the motion urging the court to stop the court-martial, contended that the applicant is seeking for an order for the enforcement of his fundamental rights, as provided and guaranteed under the 1999 Constitution. According to him, the foundation of the application is the general court martial set up by the Chief of Navy Staff to try the applicant, in respect of the missing ship (a crude oil bunkering vessel, MT African Pride). He contended further that Kolawole is complaining that the convening order issued by the Chief of Navy Staff, for which the court martial was set up was in breach of or is about to breach the applicant’s (Samuel Kolawole) fundamental rights to fair hearing as provided for in section 36 (1), subsections 4 and 5 of the 1999 Constitution. According to Fashanu, such a court martial has not been established or constituted in such a manner as to secure its independence and impartiality. He further argued that "the power of the Chief of Navy Staff to establish a court martial is recognised under section 131 (2)(b) of the Armed Forces Act, Cap A20, Laws of the Federation, 2004, and our main grouse is that the decision of the court martial would be confirmed by virtue of section 152 (1) (b) of the Armed Forces Act, by the appropriate council or board, where the accused is a commissioned officer".   Home  |  Cover Stories  |  National Newsreel  |  Politics  |  Business  |  Sports  |  World  | Contact  | Advert Rates © 1998- 2004. Vanguard Media Ltd.

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