Lawyers disagree on 'Death Sentence' on mutinous soldiers

Nigerian soldiers

Nigerian soldiers

By Akin Kuponiyi&Henry Ojelu

Nigerian soldiers
Nigerian soldiers

The death sentence passed on 12 soldiers by a military tribunal over their alleged in mutiny is generating mixed reactions amongst Nigerians.

The military court presided over by Maj. Gen. C.C. Okonkwo found 13 out of the 18 soldiers standing trial for mutiny and other offences guilty.

Twelve of the convicted soldiers were sentenced to death, five were discharged and acquitted while one was jailed for 28 days with hard labour.

The soldiers had on May 14, 2014 allegedly fired shots at the General Officer Commanding the newly created 7 Division of Nigerian Army, Maj. Gen. Ahmed Mohammmed, in Maiduguri. The act is viewed in the military as mutiny.

The soldiers were found guilty of criminal conspiracy, mutiny, attempt to commit murder (shooting of the vehicle of the GOC); insubordination to a particular order; insubordination and false accusation.

While some see the judgment as a welcome development and capable of instilling the needed discipline among soldiers especially those fighting the Islamic sect, Boko Haram others feel the death sentence would further dampen the morale of other soldiers who are fighting the insurgents

Some lawyers who spoke to our correspondent in Lagos queried the secrecy under which the military tribunal was conducted but noted that the Court of Appeal would certainly reconsider the judgment.

Former Chairman, Nigerian Bar Association, Ikeja Branch, Barr. Monday Ubani said the trial of alleged law breakers under military tribunal remains a questionable procedure as often times the rule of evidence are not complied to.

Barr Ubani urged the convicted soldiers to take their case to the Court of Appeal where they would most likely get fair judgment.

He however said that in the event that the Court of Appeal upholds the military tribunal verdict, the approval authority for the execution of the soldiers should consider the circumstance that led to the alleged mutiny committed by the soldiers.

“If in the event that the Court of Appeal upholds this judgment, government must consider the circumstances that led to the alleged mutiny that these soldiers committed. As we all understand, these soldiers were merely protesting over lack of proper equipment to fight the Boko Haram sect.

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“Any authority approving the death of these soldiers must consider this. Moreover, the fact that President Goodluck Jonathan is asking for over N1billion from the National Assembly to equip the military shows that the soldiers were not well equipped and were making genuine complaints,” he said.

Ubani also noted that if the soldier are executed as ordered by the tribunal, the morale of junior military officers who are fighting the insurgents would be wounded.

Another lawyer, Yemi Omodele suggested that a mild punishment should have been given to the soldiers especially as they were fighting a genuine course for which government is now responding to.

“While I am not supporting lawless among soldiers, I believe those soldiers were pursuing a right cause. Moreover, if they were found guilty of the mutiny allegations against them, I believe a lesser punishment such as demotion, salary deduction or at most months in prison would have been more appropriate. This is a critical time in our nations and people who are genuinely minded to fight terror should not punished in such manner,” he said.

In his reaction a Lagos human right lawyer Barrister Supo Osewa said if due process was followed in arriving at their verdict in view of the great offence alleged to have been committed, there is nothing they can do though the have the right of appeal as they can file appeal at the court of appeal

“I thing they can be given another chance or the death sentence can be commuted to terms of imprisonment.generally looking at the situation in the country today,” he said.

Another Lagos human Right Activists Ebunolu Adegboruwa said “my concern is the way the trial was conducted and the process followed. Was it in accordance with the law and statute? Because Germany, Britain, France have corroborated the complains of the military that they don’t have what it takes to fight the insurgence. Their wives have also joined their husbands to appeal to the goverment not to send their husbands to their untimely death. The trial is scandalous the President should disband the panel and grant them pardon.

The Editor of Ganifawehinmi Law publication Mr Oluwole Kehinde in his reaction said that the convicted soldiers have right of appeal. He said they can approach the court of appeal.

“So far due process was followed in reaching the decision and there should not be sentiment about it. Any military personnel who is not satisfied or comfortable with the treatment in the military can disengage, mutiny and lawlessness should not be encouraged because a situation where lawful orders are refused portends danger signal,” he said.

Mr Paul Ogundele also agreed that the convicted soilders have the right of appeal subject to the constitution and article 7(I) of African Charter. If there were loopholes in the proceedings it should be revisited. This cannot be like the military regime with draconian law where people were executed when their appeal was still pending.

Chief Benson Ndakara in his reaction said the soldiers can appeal. “We are in civilian regime, though it had been alleged many times that there are moles in the military if due process is followed the law should take its course.”

Former secretary General of Lagos branch of the Nigerian Bar Association Mr Ike Ukor says mutiny is a serious offence that carries capital punishment. “Was the tribunal properly constituted? Was due process followed? all these ingredient will form basis of appeal if due process is followed the will take its course.”

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