APC USA Alleged Security Oversights, Interests and National Character Stalled Military Administrative Due Process.

The reality of life is all about affording and meeting basic needs in an egalitarian society, paying attention neighborhood and society; while the government creates enabling environments, given into timely service to humanity. Which Nigerian government was able to provide 25% of its peoples’ needs? We are unfortunate to be marred with praise singers and sycophants bounded with unforgettable excuses. Nigerians are feeling the heat of recent and over the years costly mistakes as it capsized its beautiful economy, (smiling and suffering, suffering in the means of surpluses) placing us backwards among nations. Question, why are Nigerians against Nigerian, when shall we borrow from the Asians – helping each other- working as team members, yet we patronized all races to defraud ourselves and generations yet unborn.

It has come to our notice, heavy weights and big wigs military and paramilitary officers who sold out to naira power not regimented, are running helter-skelter, not only seeking retention or forgiveness, and hoping President Muhammadu Buhari will let go. While hallucinating, let us revisit his takeover speech, categorically stated not business as usual, to show how embittered he is, acted promptly; “relocation of the Command and Control Centre from Abuja to Maiduguri and remain until Boko Haram is completely subdued”

The era of “Esprit de Corps” in the military is over. Alarming and wakeup call, unhealthy and uncalled for, fraudulent men in uniforms swiftly used geopolitics and ethnicity; progressively encroached the entire security systems. Therefore, frustrated due process and killed commitment to sovereignty.

This is as a result of paramount and purported lies reverberated on the President Muhammadu Buhari’s credentials while seeking office. At some point Nigerians thought, the military will draw a curtain to this advocacy, but it lingered in to winning period. Nigerians are patiently waiting to see the President will address such issues, as Boko Haram Saga are pending, including many others: promotions, spare parts backup, non-enough/obsolete/ equipment, right weaponry, non-trainings, etc.

Because of the foregoing, there is the need to bring to our knowledge, with a comparison analysis approach, how things are executed in advanced countries and universally as far as in the 60s and brought forward; Robert D. Powers, Jr., Administrative Due Process in Military Proceedings, 20 Wash. & Lee L. Rev. 1(1963), http://scholarlycommons.law.wlu.edu/wlulr/vol20/iss1/2 . The expansion of administrative agencies in the government during this century has resulted in the development of a body of administrative law which primarily relates to the various adjudicating and rule making agencies. The Administrative Procedure Act affects most of these agencies but does not encompass most of the administrative processes in the Department of Defense.

Nevertheless there have developed in the Department, both through intra-departmental rulings and judicial decisions, certain principles relating to administrative due process. While there is a plethora of writing on administrative law and administrative due process in general, there seems to be a dearth of articles on administrative due process in military administrative procedures. "Administrative due process" as herein considered is the constitutional concept of due process of law applied to administrative actions. It is characterized as the due process required in every administrative proceeding or other action which might result in the deprivation of individual life, liberty or property.

It is therefore not limited, nor does the Fifth Amendment limit it, to the trial of criminal cases or solely to the judicial branch of the government. It extends to every branch and agency of the government: legislative, judicial, executive, military and administrative,’ for the Constitution contemplates that the life, liberty and property of all persons shall be protected by the requirements of due process. These requirements serve two general purposes, first, to insure the integrity of judicial and administrative processes leading to a decision of a case or the determination of an issue, and, second, to protect human dignity.

In this article, administrative "due process" is treated as encompassing the Constitution applied in the administrative area, and the statutory and regulatory implementations, whether minimum or better.

How do we ascertain National Assemble Defense and Army Committee, “Order XIII Rule 98. (18) of the Senate Standing Orders 2007 as amended states that there shall be a committee to be known as Committee on Defense and Army” adequately justify the jurisdiction and expectations of Nigerian in determination of: equitable justice, free and fair execution, and functionality: Payments, promotion, retirement and other benefits and privileges of members of the Army; (b) Size and composition of the Army; (c) Defense headquarters; (d) Ammunition depots, forts, arsenal reservations and establishments; (e) Scientific research and development in support of the Army; (f) Barrack projects; (g) Military application of nuclear energy; (h) Disarmament; (i) Army cadets; (j) Resettlement scheme for serving officers of the Army; (k) War graves, monuments and memorabilia; (l) Peace keeping operations; (m) Consideration and Appropriation of Annual budget estimates for the Army. The need for weigh and measure outlook and peer reviews: lapses and faults in the military and paramilitary, National Assembly and or contractors. Kicking of butts begins, this is not a jamboree of jackpot to game changers, players and manipulators.

We decided to call the attention of Mr. President, to all the aforementioned, and short comings of the military and paramilitary that almost ruined his political ambition and Nigerian future but necessary for his administration to wake up, address these pertinent issues squarely and, without delay to forestall the integrity and dignity to our committed sovereignty. In doing so, envisioned peace and security will fall into place. Adversely curtailing the excesses of: kidnapping, oil bunkering, insurgencies, the last but not the least, Nigeria will begin to witness large influx of creditable investors.

In 16 years, a whole lot was compromised, swept under the carpet, not limited to; capability, knowledge, and abilities of dedicated soldiers. The undermentioned were overlooked, deliberately ignored, and compromised professionalism. As such review all military contracts to date, owing to the largest budget for many years, bring to book anyone or entities that may have defrauded the peace and security of our Nation. To be meet the taste of time and combat accordingly

• Incorporate transparency in all aspect of military, paramilitary formations and;
• Engagement of independent or neutral persons/entities;
• A thorough stocktaking of inventories and disposal of all obsolete stocks;
• Manufacturers’ trainings, test running, trouble shooting and feedback;
• Military Contracts, Supplies, purchases, warrantee, return policies, spare parts backups;
• Equipment manuals, catalogues, re/ordering, pre/shipment inspections;
• Purchase of modern equipment, gadgets, hardware, and night vision accessories;
• Adhere to routine checks standards, procedures and compliances;
• Frequent Infrastructure maintenance, management and upgrade to meet international building codes;
• Re/training, troops, recruits, special forces, other ranks, officers;
• Prompt payments/remunerations/emoluments to all: staffs, pensioners, widows, orphans, as at when due;
• Step up causality evacuations: removal of diseased bodies for avoidance of rot and pry;
• Leave a few experience/capable hands in places to sustain location performances and compliance adherences;
• Appointments/promotions must be based on all of previous, current performances, peer reviews, accomplishments, incorporate a second opinion input e.g. National Assembly and or the Presidency;
• Continue federal character reflections with caution in recruiting and promotion and sought for commitment;
• Encourage individual person’s recruitment, grow to imbibe norm and ethics, not to refuse national assignments on family and children reasons;
• Introduce military and paramilitary veterans exchange programs and in extra curriculum activities, etc.

Again security oversights, interests and national character stalled military administrative due process. Conspiracy by: who, how, where, when, entity, etc. Whatever investigative committee setup, should be given maximum power with commensurate authority. Following the adverse devastation of life’s and properties, violations human rights in North Eastern Nigeria; investigations must be extended to: immediate past and present big wigs, serving, ousted officers, threatened, victimized personnel, etc. All these anomalies and mishaps should be brought to the attention of tax payers. Perpetrators must be held accountable of all insurgencies, #BringBackOurGirls, and #BringBackOurMoney.

Francis John
International Coordinator
APC USA International Secretariat
T. +1.816.359.8527
E. [email protected]