A Major General in the Nigerian army, Patrick Adebayo Falola, who was demoted to the rank of Brigadier-General by a military court martial, has vowed to challenge the verdict, The Nation reports.

Falola, a former Director, 68 Army Reference Hospital, Yaba, Lagos was found guilty by a Court Martial on grounds that he unlawfully admitted students for clinical training without due clearance from the army headquarters.

On the second count of fraudulent misapplication of the hospital’s property he was however discharged and acquitted.

His demotion last Friday is subject to the approval of the Nigerian Army Council.

His lawyer, retired Wing Commander, Enokela Onyilo-Uloko, said his client was unjustly convicted.

He said it was an attempt to tarnish Falola’s outstanding records as a distinguished medical officer.

According to Onyilo-Uloko, there was no law that required his client to request permission from his superiors for the offence he was convicted of.

“There is no law or instruction put on the ground by the Armed Forces that a senior officer needs to take permission from a higher authority before allowing such training of Nigerian citizens.

“No such law or instruction was tendered in evidence, but they are saying that he should have used his initiative.

“When there is no law criminalising an act, when that act is done, it does not amount to criminal offence,” Onyilo-Uloko said.

According to him, the army’s records show that Falola was commissioned as a Lieutenant in 1982, adding that the senior consultant ophthalmologist chaired the Ophthalmological Society of Nigeria (Lagos State Chapter) and during the time he represented the military without blemish.

He said his client has commanded several other military hospitals, such as the Military Hospital, Lagos, 3 Division Hospital Jos and the Armed Forces Specialist Hospital Kano, all of which he significantly upgraded.