Posted on: 04:53 Mon, 29 Feb 2016



A legal luminary, Femi Falana
(SAN) has called for the immediate
release of Brig. Gen. Enitan
Ransome-Kuti, from prison custody
having completed the six months
sentence imposed on him by a
Special Court Martial set up to try
him by the Nigerian Army on
October 15, 2015.

Falana, who made the call in a
statement he issued in Lagos
yesterday and addressed to the
Chief of Army Staff (COAS), Gen
Tukur Buratai, said that if his
request is not acceded to by the
army authority he would approach
the court to enforce his client’s
right to liberty.

According to Falana, by virtue of
Regulations 54 and 55 of the
Prisons Regulations made pursuant
to the Prisons Act (CAP. P29) Laws
of the Federation of Nigeria, 2004
which provides that every convict
is entitled to a remission of one
third of the sentence imposed by a
court, Ransome-Kuti ought to have
been released on February 15,
2016.

He said, “It would be recalled that
our client was unjustly convicted
and sentenced to dismissal from
the Nigerian Army and 6-month
imprisonment by a Special Court
Martial on October 15, 2015.

“As the findings of the Special
Court Martial are subject to the
confirmation of the appropriate
authority we made a strong
representation to the Army Council
on behalf of our client.

“By letter dated October 19 2015
we also requested the Authorities of
the Nigerian Army to release our
our client from military custody
pending the determination of the
appeal.

which he intended to file against
the unjust findings of the Special
Court Martial which convicted him
of war related crimes and
sentenced him to 6-month
imprisonment and dismissal from
the Nigerian Army.

“For reasons best known to you the
request for our client’s release
pending appeal was turned down
by your good self in flagrant
violation of section 160 of the
Armed Forces Act (Cap A20) Laws
of the Federation of Nigeria, 2004.

“Thus, you caused our client to
serve the 6-month prison term
without the confirmation of the
findings of the Special Court
Martial by the Army Council.

As if that was not enough, you have
ignored our demand for the release
of our client since he completed the
6-month prison term on February
15, 2016. In our letter dated
February 12, 2016 on the subject
matter, we had pointed out that our
client ought to have spent 4
calendar months in custody by
virtue of Regulations 54 and 55 of
the Prisons Regulations made
pursuant to the Prisons Act (CAP.
P29) Laws of the Federation of
Nigeria, 2004 which provides that
every convict is entitled to a
remission of one third of the
sentence imposed by a court.

“In view of the foregoing, you will
agree with us that the continued
detention of our client cannot be
justified under the Armed Forces
Act and the Constitution of the
Federal Republic of Nigeria, 1999
as amended.

We are therefore compelled to
request you to use your good offices
to ensure that our client is released
from unjust and illegal
incarceration forthwith.

“Take Notice that if you fail or
refuse to accede to our request by
ensuring the immediate release our
client we shall not hesitate to seek
redress in the Federal High Court
with a view to securing the
enforcement of his fundamental
right to person liberty guaranteed
by section 35 of the Constitution
and article 6 of the African Charter
on Human and Peoples’ Rights
(Ratification and Enforcement) Act
(Cap A9) Laws of the Federation of
Nigeria, 2004,” Falana stated.