Read are a military doctor was sack over sex with a co-worker wife.

Officer of the Nigerian army dismissed for
illicit sexual relationship with a fellow’s wife.
According to reports, the court slammed a
two-count charge of illicit sexual relationship
and unprofessional conduct on Lieutenant
Musa Mustapha Bature, and accused him of
taking advantage of a colleague’s wife who
was supposed to be his patient.
The court-martial sat at the Adekunle Fajuyi
Cantonment of the 2 Division, Ojo, Ibadan in
Oyo state.
The 38-year old officer, whose fate would be
finally decided by a military council, which
statutorily ratifies such sentences, reportedly
confessed to the crime, and pleaded with
military authorities to give him corrective
punishment rather than a terminal one.
Sources familiar with the trial said the
accused, a native of Kebbi State, had a
notorious history of sexual indiscipline in his
four years of service. His conduct was
recently brought to the attention of the army
authority.
The doctor’s offence, namely indecent
professional misconduct and having sex with
a fellow soldier’s wife, contravene Sections
79 and 93 of the Armed Forces Act CAP
A20, Laws of the Federation of Nigeria,
2004. The law prescribes jail term and
dismissal from service with dishonour.
Delivering his judgement, the President of
the Court Martial, Brigadier General Raji,
who is also the Commander of 52 Division
Signals, said the court opted for a lesser
sentence of dismissing the doctor because
the convict was a young officer who got
commissioned into the Nigeria Army only in
2012.
He said in his sentence: “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.”
According to revelations made during the
court-martial, the officer’s last sexual
escapade involved the wife of a fellow
officer whom he took advantage of when she
visited his clinic for consultation on a
gynaecological case.
Officials said after seeing the newly-married
woman from Yobe state, whose identity they
asked should be protected, the doctor
insisted on conducting a more detailed
examination of her.
Our sources say the young doctor
disregarded prescribed medical ethics
requiring that such examination be carried
out in the presence of a chaperon.
The officer’s wife served as one of the
prosecution witnesses in the case. In her
testimony, the woman gave a detailed
account of how the doctor sexually
stimulated her before they had sex in the
man’s office.
She told the court that the doctor later
invited her in the evening of the same day to
his house so she could pick an ointment he
earlier prescribed for her treatment. There,
they engaged in another round of
intercourse, she narrated.
The young woman said she reported to the
barrack’s chaplain after becoming crushed
by the weight of her guilt.
Below is the full text of the judgment of the
president of the Martial Court on the matter.
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.

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 issue for determination:
This honourable court is required to
determine whether the accused has
committed the offence by having sexual
relations with a service personnel spouse.
The court finds in the affirmative; the
accused confessed to the offence in the
presence of witnesses.
Decision:- The court therefore finds the
accused guilty 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 move to help the accused get a soft
landing, his lawyer Major Femi Oyebanji (rtd)
presented his somehow impressive Record
of Service that was obtained from the office
of the military secretary, Army, to help
mitigate the already known punishment 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.