Friday 1 July 2016

ABOMINATION: Military Doctor sleeps with colleague's wife.

Nigerian Army

A Nigerian Army court-military on Wednesday sacked a Regimental Medical Doctor after he was discovered liable of engaging in sexual relations with his colleague’s wife, military authorities have told PREMIUM TIMES.

The court hammered a two-count charge of unlawful sexual relationship and amateurish behaviour on Lieutenant Musa Mustapha Bature, and blamed him for exploiting a partner's wife who should be his patient.

The court-military sat at the Adekunle Fajuyi Cantonment of the 2 Division, Ojo, Ibadan in Oyo State.

The 38-year old officer, whose destiny would be at last chose by a military assembly, which statutorily approves such sentences, purportedly admitted to the wrongdoing, and begged military powers to give him remedial discipline as opposed to a terminal one.

Sources acquainted with the trial said the charged, a local of Kebbi State, had a famous history of sexual indiscipline in his four years of administration. His behaviour was as of late conveyed to the consideration of the armed force power.

The specialist's offense, specifically profane proficient wrongdoing and engaging in sexual relations with his colleague’s wife, repudiate Sections 79 and 93 of the Armed Forces Act CAP A20, Laws of the Federation of Nigeria, 2004. The law recommends prison term and discharge from administration with disrespect.

Conveying his judgment, the President of the Court Martial, Brigadier General Raji, who is additionally the Commander of 52 Division Signals, said the court settled on a lesser sentence of releasing the specialist in light of the fact that the convict was a youthful officer who got authorized into the Nigeria Army just in 2012.

While giving his verdict, he said: “Given the level of treachery and the betrayal of trust you displayed by having sexual relation with your colleague’s wife, the court is tempted to award you a maximum sentence of five years in prison. The Court has however looked that you were only commissioned to the Nigerian Army in 2012, you may therefore not be well grounded in the traditions of the Nigerian Army. Ignorance, however, does not excuse your despicable behaviour. So therefore, the court sentences you as follows:-

“On Count 1, dismissal with disgrace and dishonour. On Count 2, dismissal from the armed forces.

“Note that these sentences are subject to confirmation by the Army Council and the sentences are to run concurrently.”
As indicated by disclosures made amid the court-military, the officer's last sexual caper included the spouse of a fellow officer whom he exploited when she went by his facility for meeting on a gynaecological case.

Authorities said in the wake of seeing the recently wedded lady from Yobe State, whose personality they asked ought to be secured, the specialist demanded leading a more nitty gritty examination of her.

Our sources say the young specialist ignored recommended restorative morals requiring that such examination be completed within the sight of an escort.

The officer's wife served as one of the arraignment witnesses for the situation. In her declaration, the lady gave a definite record of how the specialist stimulated her sexually before they engaged in sexual relations in the man's office.

She told the court that the specialist later welcomed her at night of that day to his home so she could pick a balm he prior endorsed for her treatment. There, they involved with another round of intercourse, she described.

The young lady said she later reported the incidence to the chaplain of the barracks following being squashed by the heaviness of her quilt.

The following is the full content of the judgment of the president of the Martial Court on the matter, only made accessible to PREMIUM TIMES:

Brigadier General Raji:

“This Honourable court as composed has listened to all parties in the matter, including the addresses by the counsels on both sides. The court is therefore well acquainted with the facts to enable it arrive at the decision of the learned judge advocates. It is my privileged to announce the decisions of the court in this matter.

“Count-1:- The Accused is charged with having sexual relations with the service personnel spouse, punishable under section 79 of the Armed Forces Act. CAP A20 Law of the Federation of Nigeria 2004.

The subject for determination:

This fair court is required to figure out if the blamed has conferred the offense by having sexual relations with wife of a fellow officer.

The court finds in the confirmable; the indicted admitted to the offense within the sight of witnesses.

Decision:- The court along these lines finds the accused liable Count One as charged.

“Count-2:-  The accused is charged with the disgraceful conduct of an indecent nature punishable under section 93 of the Armed Forces Act,  CAP A 20 Laws of the Federation of Nigeria 2004.

The Issues for Determination:  This honourable court is required to determine whether the accused has committed the offence of disgraceful conduct of an indecent nature. The particulars of the offence were by the accused being the unit Regimental Medical Officer, committed an act of gross indecency with his patient – Prosecution witness 2 – by fingering of her vagina under the pretext of conducting medical examination without the presence of a chaperon. In our opinion, the prosecution failed to proof that the vaginal examination was a pretext for fingering the patient and not the necessary procedure in the treatment of pelvic inflammatory disease. He could have verified this by seeking the opinion of an independent medical practitioner. If the prosecutor has been able to prove that the vaginal examination was a pretext of fingering the prosecution witness-2, they might have been able to sustain a charge of disgraceful conduct of an indecent nature.

“In the opinion of this honourable court, the prosecutor was only able to prove that the accused person conducted a vaginal examination on a patient of opposite sex in the absence of a chaperon. Conducting an intrusive procedure such as vaginal examination in the absence of a chaperon contravenes the code of ethics of the medical and dental council of Nigeria under the rules of professional conducts for medical and dental profession.

“We conclude there that the accused acted unethically. The matter should be referred to the Nigeria Medical Association. However, by contravening the ethics of his profession, the accused person acted in a manner unbecoming of a gentleman capable of bringing the Nigeria Army into disrepute. He conducted himself in a manner prejudicial to good order and service discipline; and therefore contravened section 103 of the Armed Forces Act. The court therefore invoked section 142 of the Armed Forces Act, finds the accused person guilty of the alternate offence of misconduct of prejudice to the service discipline.

“At this point, before sentence is passed, we will like to hear mitigations on behalf of the accused, if any.”

In a bid to help the accused get a subtle landing, his legal counsellor Major Femi Oyebanji (rtd) exhibited his some way or another amazing Record of Service that was gotten from the workplace of the military secretary, Army, to alleviate the definitely known discipline for his conviction.

“Here is a brief of Lieutenant MM Bature, N/14543”, said Major Oyebanji.

“Lieutenant Musa Mustapha Bature was born on 21 May, 1977 at Yawuri, and hails from Yawuri local government area of Kebbi state. He was granted a direct short service commission on 10 August, 2012 on the rank of Lieutenant, with seniority on the same rank on 10 August 2012. He is of the medical corp, Courses attended: Nil.
He holds a bachelor of medicine and bachelor of surgery.

Rundown of Course report: Nil.

Progression history: Nil

Engagements held inside the periods he has served:

– RMO 81 Battalion

– RMO 19 Battalion

– He was despatched to HQ 2 Div for Jurisdiction on 18 April 2016.

“Command Experience:- As RMO 19 Battalion he was described as a calm and articulate officer who was noted to have good grasp of service knowledge and unit regimentation. He was said to have rehabilitated some wards that were said to have been in bad state in the unit MRS. He was noted to have conducted series of lectures and enlightenment programmes on scourge of Ebola virus disease. He was observed to have paid much attention to the troops health conditions and issues of public health and sanitation were properly addressed. He was also reported to have ensured proper functionality of the MRS by making drugs available for personnels and their families. He was commended for his community service by extending medical services to the local populace whenever authorised and this gesture was seen to have improved the unit’s civil-military relations.

“Operational Experience:- As RMO LIbat One…  he was said to have set up a medical station for the unit and properly managed all  health related cases brought before him. He was noted to have establish contact with the SHQ medical cell and was able to take series of assistance to the troops, especially for referral cases. In the mission area, he was reported to have organised periodic fumigation of the unit locality. He was noted for carrying out free bi-weekly consultancy services for the locals and host communities to foster civil-military cooperation in the unit’s AOR. He was remarked to have been appreciated by the local communities.
“Disciplinary Records:- He was posted to 2 Div for jurisdiction on allegation of sexual related offences.

“Miscellaneous: He is married and blessed with a child. He enjoys reading and watching movies.


His defence counsel further begged the president of court to give the sentenced officer a lesser or no discipline at all as he contended that his sack may for all time influence his future profession.



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