Lawyers lambast military over soldiers’ death sentence on soldiers

Human rights lawyers have condemned the sentencing of 54 soldiers to death by the Nigerian Army for mutiny and conspiracy.The lawyers on Thursday appealed to the Army authorities to consider other disciplinary measures against the soldiers.A General Court Martial set up by the Army authorities had put 59 soldiers on trial on a two-count charge of conspiracy to commit mutiny and mutiny on October 16, 2014, both of which carry the death penalty.The tribunal found 54 of them guilty and therefore sentenced them to death by firing squad...

The Nigerian Army had earlier sentenced 12 soldiers to death on September 16, 2014 for similar offences.But the lawyers described the death sentences as counter-productive and failed to address the fundamental issues in the military which led the soldiers to refuse to engage the Boko Haram terrorists.The former president of the Nigerian Bar Association, Ikeja branch, Mr. Monday Ubani, described the large number of soldiers being tried for mutiny as unusual, saying the military authorities ought to investigate their complaints.He said, “What impression is the military giving to the soldiers currently fighting the insurgency and the international community?“How come we have a large number of military officers disobeying instructions and deciding not to fight? It is a sign of fundamental rot in the system. It should get the military thinking that something is fundamentally wrong and to minimise the embarrassment and not by making these pronouncements and publicising their inefficiency to the entire world.“These soldiers’ argument is that they are not being properly equipped to fight the war but that they are being asked to engage in suicidal missions. The insurgents are more equipped to fight the war than the military men who are fighting on the side of the government.”

Ubani also accused the military of targeting the junior officers and leaving out their superiors whom the soldiers accused of corruption and failure to provide them with the proper ammunition to fight.

Another human rights lawyer, Mr. Fred Agbaje, accused the Army authorities of not giving the soldiers a fair hearing and “being a judge in its own court.”He also slammed the military hierarchy for failing to address the complaints of the soldiers and choosing to punish them instead.He said, “Those two factors militate against their proceedings. Who appoints members of the tribunal of the court martial? Is it not the military hierarchy and is it not the same military hierarchy that the members of the tribunal will owe their allegiance to? Can a junior officer in the tribunal say no to an order given by his superior? We know that in the military, you must obey the last order.“Since when has the demand for legitimate right become mutiny? So, if as a soldier, I demand better weaponry, how can that be mutiny? The military has its own laws but there is nothing in the Armed Forces Act which can override the clear provision of the 1999 Constitution, particularly section 36 thereof.”

He, however, urged the military “to look inward and address the major complaints of the junior officers.”Mr. Wahab Shittu, another human rights lawyer, appealed to the “Army authorities to temper justice with mercy,” saying that killing the soldiers would dampen the morale of other soldiers currently engaging the Boko Haram terrorists.He said, “Other disciplinary actions should be explored. The society is already polarised and there is a lot of tension in the polity. Killing them might further charge up the political state.”

PUNCH.