Two Human Rights groups have demanded the immediate release of female soldier Corporal Ruth Ogunleye who is said to have been detained for accusing army officers of sexual harassment.
This was contained in a joint press statement by Olu Omotayo Esq. For Civil Rights Realisation And Advancement Network (CRRAN) and Okechuwu Nwanguma Rule of Law and Accountability Advocacy Center (RULAAC).
“We hereby demand the urgent and immediate release of Ogunleye, who was reported in the media to have been arrested by the Military Police and flown to Abuja, where she is currently being wrongfully detained without justification.
“Kindly recall that the Army Spokesman, Brig Gen Onyema Nwachukwu had in ignorance of the correct position of the law, stated that the female soldier had not officially exhausted the available institutionalized channels before going on the social media.
“His statement is ottios, misleading and cannot be backed up by any law, practice or procedure in force in Nigeria.”
They called on the Attorney General of the Federation to rightly guide the Nigerian Army authorities by bringing to their attention the current and correct position of relevant applicable laws as enunciated by the court of Appeal and ensure the immediate release of the detained soldier and thereafter investigate the substance of the complaint which is sexual harassment of the person of Corporal Ruth Ogunleye by the said senior officers.
“This matter cannot be swept under the carpet on technical grounds. The hallmark of democracy is the respect for the Rule of Law by all the organs and components of the Federation and we seek to explore all relevant means within the provisions of the law for the release of Corporal Ruth Ogunleye.
“It is pertinent to bring to your notice the clear and unambiguous provisions of Sections 178 and 179 of the Armed Forces Act 1994. The said provisions guide officers and men of the Armed Forces on the procedure for making complaints respectively.
“We hereby state without equivocation that in view of the interpretation of Sections 178 and 179 of the Armed Forces Act 1994 and the combined decision of the Court of Appeal in the case of NWANKWO V. NIGERIA ARMY & ORS (2021) LPELR-56718(CA) at Pp. 22-26 paras. B-B), Corporal Ruth Ogunleye is entitled to lodge a complaint or seek remedy for whatever wrong she has suffered by other means available within the ambit of the Laws in force in Nigeria.
“The Court of Appeal held that the word ‘MAY’ make a complaint with respect to the matter to the Forces Council, used in the provision is not mandatory after the initial report to his commanding officer. The Court of Appeal held as follows:
“Looking at the wordings of Section 178(1) (reproduced once more for clarity):
“(1) If an officer thinks himself wronged in any matter by a superior officer or authority and on application to his commanding officer does not obtain the redress to which he thinks he is entitled, he ‘MAY’ make a complaint with respect to that matter to the Forces Council.”
“The Appeal Court further held that “there is no duty imposed on any public functionary to do any duty. The use of the verb ‘may’ clearly makes the decision to make a complaint to the Forces Council optional under this subsection”.
“Therefore, the female soldier under the law need not exhaust the channels provided under section 179 of the Armed Forces Act. The initial report to the appropriate authority where she is serving suffices. A careful consideration of the above insight reveals the Army Authorities ignorance of the actual position of the law in view of the pronouncement of the Court of Appeal which is not only disheartening but shameful.
“Furthermore, Corporal Ogunleye, has not committed any offence known to the law to warrant her detention unlawfully. The said detention is in contravention of her Fundamental Human Rights as enshrined in the Constitution of the Federal Republic of Nigeria. See Sections 33, 34, 35, 39, 40 and 42 CFRN 1999 As amended.
“Fundamental Human Rights are sacrosanct and must be respected irrespective of the profession of the citizens. There is no exception to the circumstance of Corporal Ogunleye and the fact that she is a member of the Armed Forces does not preclude her from exercising her rights especially where she has been made to suffer a violation and a wrong. We wish to state at this point that where there is a wrong, there must be remedy and she must not be made to suffer any further for seeking remedy and justice. She is thus entitled to urgent and immediate release from the Military police who have held her hostage under the guise of the Armed Forces.”
