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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