The Nation Newspaper

Tag: Convicted soldiers

  • Panel to rule on convicted soldiers’ cases against Army

    Panel to rule on convicted soldiers’ cases against Army

    THE Presidential Investigation Panel to Review Compliance of the Armed Forces with Human Rights Obligations and Rules of Engagement will today rule on whether or not to hear complaints by some convicted soldiers against the Army.

    The chairman of the seven-man panel, Justice Biobele Georgewill, chose the date yesterday after taking arguments from lawyers to the complaining soldiers and the Army.

    The affected soldiers include those sentenced to various punishments by some courts martial.

    Among the soldiers is a former Commander of the Multi-National Joint Task Force, Enitan Ransome-Kuti, who was demoted from the rank of Brigadier-General to Colonel.

    Others include Lt.-Col. A.O. Ojo, who was dismissed by the Nigerian Army for alleged negligence of military duties, and 54 soldiers, who claimed to have been illegally tried and convicted by the court-martial for demanding weapons for counter-insurgency operations in the Northeast region.

    Also included are Lance Corporals Bankole Taiwo, Ayodele Olawale and Isiah Olofu as well as Private Adebayo Gbenga.

    Arguing the soldier’s position yesterday, their lawyer, Femi Falana (SAN), said although his clients have pending appeals before the Court of Appeal against their convictions and the sentences passed on them by the courts martial, the panel could still hear aspects of his client’s complaints relating to rights violation.

    Falana said his clients were not requesting the panel to review the decisions of the courts martial, by sitting on appeal over them, but were seeking to explore the platform provided by the panel by asking it to recommend to the President to grant them pardon.

    He noted that nothing in the panel’s terms of reference precluded it from hearing issues relating to a matter pending in court.

    Falana said: “Notwithstanding the pendency of the said appeals, the Federal Government has set up this panel with clearly defined terms of reference to consider all cases of violations of human rights and departure from the Constitution and the African Charter on People’s Rights.

    “Nowhere is it stated in the terms of reference of the panel that it shall not look at cases in court. Section 198 of the Armed Forces Act provides that notwithstanding the pendency of a case in court, the exercise of the prerogative of mercy by the President shall not be affected.

    “What we have before this honourable panel is a prayer that this panel should recommend to the President to grant pardon to the petitioners.”

    He told the panel what his clients had done to secure the presidential pardon and how the Presidency and the Chief of Army Staff responded to their request.

    “I, therefore, urge your lordship and honourable members to allow us to make representations on behalf of the petitioners. We are not here to try the cases before the Court of Appeal,” he said.

    He added: “Our clients were tried before the courts martial because they demanded weapons to fight the war and the authorities said there was no money to buy weapons.

    “After the trial, facts emerged that huge funds earmarked for the purchase of weapons were diverted.

    “The matter before you are not before the Court of Appeal. This matter goes to the root of violation of human rights in the military,” Falana said.

    But, lawyer to the Nigerian Army, Biola Oyebanji, who also appeared alongside Brig.-General D.O. Idada-Ikponmen (rtd), urged the panel not to entertain the soldiers’ complaints.

    Oyebanji argued that the “limited” scope of the panel’s terms of reference did not give room for entertaining such complaints.

    He argued that the complainants’ quest for pardon was an afterthought, because it was not prayed for in soldiers’ petitions submitted to the panel.

    The panel has announced that it will hear other petitions by Falana, including that relating to the alleged violation of human rights by the military justice system.

    It will be heard in Maiduguri, Borno State, where the panel’s Northeast sitting is to take place.

    It also promised to hear a petition by Falana in relation to the bombing of a camp in Rann, Borno State, which caused the death of thousands of displaced people being sheltered in the camp.

  • Buhari should pardon convicted soldiers – Ezekwesili

    Buhari should pardon convicted soldiers – Ezekwesili

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    A former minister of Education, Dr. Obiageli Ezekwesili, has asked Nigerians to appeal to President Muhammadu Buhari to get pardon the soldiers arrested for mutiny in the fight against Boko Haram.

    Ezekwesili, leader of the Bring Back Our Girls group, said the soldiers were wrongly punished for refusing to fight the insurgency ill-equipped, considering that some former public officials shared the money meant to equip the army.

    Delivering a keynote address titled: “A caring society grows faster and better,” at the launch of the Bunmi Adedayo Foundation on Tuesday in Lagos, Ezekwesili said the diversion of the funds was a demonstration of how political leaders and citizens exhibit ‘I don’t care’ attitude towards governance.

    She said: “The exemplification of a society of ‘I don’t care’ could not have been worse in manifestation than recent revelations that while the tragedy went on in the Northeast, those responsible for governance sat around the table, watched citizens being taken out by the bunions of terror and felt comfortable to share the resources meant to equip the fighting soldiers and then turned around and said to those among the soldiers that refused to be sent on a suicide mission that they deserved to die.

    “How else can you define ‘I don’t care’? I hope you will join me in telling the President of our country that those soldiers don’t deserve to die.  Our President must use the prerogative of mercy that the constitution gives him to waive any kind of charges against those ones, we are not saying all soldiers, because some may have misbehaved in the course of this war.

    “But we are saying that it is reprehensible that our society will degenerate to the level where leaders, who as are found in these other societies, stay awake worried about the challenges of their citizens, in our own case, stayed awake sharing the resources, meant to protect the territory and the people.”

     

  • Why 66 convicted soldiers deserve freedom

    Why 66 convicted soldiers deserve freedom

    The Chairman/ National Coordinator of All Progressives Congress (APC) Scandinavia, Ayoola Lawal has commended the Nigerian Army for listening to the outcry of Nigerians and walked the path of honor by reviewing the death sentences passed on the soldiers that were accused of insurrection and mutiny.
    The National Coordinator quoted a statement credited to the Nigerian Army spokesman, Col. Usman Sanni, as saying ‘the death sentences by firing squad passed on 66 soldiers in January and March 2015 by separate General Court Martials have been commuted to 10 years imprisonment each.’
    “The sentence review was a confirmation of the attentive leadership of the new C-in-C of the Nigerian Armed Forces.
    However, it is a known fact that the majority of Nigerians are not in the professional position to pass comment on what were purely military judgments.
    “Meanwhile, in the light of the emerging facts on the Dasukigate and others, it will be more honourable and human if the Nigerian Army can delve further into the review 0f the 10 year sentence by relating it to the unfolding developments of the $2.1 billion meant for the procurement of the weapons to prosecute the insurgency in North Eastern, Nigeria, but intentionally diverted for personal and political purposes by the office of the National Security Adviser, Col Sambo Dasuki (rtd.),” he said.
    According to Lawal, it is sad and unfortunate that the senior officers that were supposed to investigate the matter could not trace the investigations to the reality of non-availability of weapons as claimed by the convicted soldiers before the sentence.
    “Special thanks to concerned Nigerians for their outcry and as well, the leadership of President Muhammadu Buhari, the convicted brave men in uniform would have been killed by firing squad.
    “As much as Nigeria or her citizens would neither allow nor encourage any act of gross misconduct in the force, it will amount to the act of wickedness and injustice if the leaders that were supposed to provide leadership, cater for the well- being and also arm the followers with the appropriate tools refused but later turned to blame the followers for bad followership.
    “As a matter of fairness, justice and patriotism, the convicted 66 soldiers should not be made the casualties of bad leadership of the past administration.
    “I call on all well-meaning and concerned Nigerians home and diaspora to join hands further in imploring the C-in-C and the President of the Federal Republic of Nigeria, Muhammadu Buhari to please, order the review of the 10 year sentence and possibly grant the convicted brave men a presidential pardon,” Lawal pleaded.
    He further warned that if the conviction is not handled with care, dismissing the 66 soldiers or sentencing them may further harden their hearts thereby making them a threat to the society upon release.
    “These brave men have acquired survival skills so we should be careful how we force them to use the skills acquired from the Army. Nobody is even asking what will happen after the 10 year jail term. Will they be re-absorbed into the system or dismissed.

    “Similarly, prominent Nigerians were pleading for amnesty for the terrorist group, Boko Haram, even as some of the arrested members of the sect were released, I therefore suggest Federal Government come in to give the brave men pardon,” Lawal pleaded.

    He also noted that it is understandable that the military has set rules and guidelines, but advised that it be laid aside to save the innocent soldiers who displayed readiness to prosecute the battle against terror but were held back by lack of ammunition, which they protested.

  • Falana to Buhari: Review cases of convicted soldiers

    Falana to Buhari: Review cases of convicted soldiers

    Lagos lawyer, Femi Falana (SAN), has urged President Muhammadu Buhari to review the cases of officers and soldiers convicted by military tribunals in relation to the fight against Boko Haram.

    In a statement issued in Lagos on Friday, Falana said this has become necessary since the immediate past Chief of Defence staff, Air Marshal Alex Badeh, has admitted that the armed forces he led lacked the equipment to prosecute the war on terror.

    The rights activist remarked that it was gratifying that the Buhari administration and the Chief of Army Staff have decided to reinstate 3,032 dismissed soldiers.
    “However, we urge the Federal Government to extend the commendable gesture to several officers and soldiers who are currently standing trial.

    “The trial should be terminated while the courts-martial are dissolved forthwith. In the same vein, the cases of those who have been convicted ought to be reviewed with a view to pardoning them in the interest of justice and fair play,” Falana stated.

    He recalled that the immediate past military authorities put several soldiers on trial for demanding for equipment to prosecute the war on terror and that 70 of the soldiers were convicted and sentenced to death while scores were jailed by courts – martial.

    He argued that since the demand of the soldiers was legitimate, the military hierarchy could not justify the spurious sentences.

  • 54 convicted soldiers move to halt ‘hurried’ execution

    The 54 soldiers sentenced to death for mutiny by the General Martial Court in December 2014 have applied to a Federal High Court in Abuja to restrain the military authorities from hastily executing them.

    The soldiers, who are were attached to the 111 Special Forces Battalion, Maiduguri, Borno State were among those convicted last year by the General Court Martial headed by Brig- Gen. Musa Yusuf.

    They stated in their suit marked: FHC/ABJ/CS/484/15 that the military high command could consent to their execution any moment from now despite the military’s alleged non-compliance with prescribed procedures.

    In an application by their lawyer, Mrs. Funmi Falana, the convicted soldiers said it was illegal for the army authorities to go ahead with their execution when the findings of the General Court Martial had not been promulgated.

    They also argued that until the confirmation or review of the findings of the court martial by the army authorities, the hearing and the determination of their appeal against the sentence, and the approval of the judgment by the President, the army cannot execute them.

    The soldiers hinged their prayers in the suit on provisions of Section 36 (7) of the 1999 Constitution of the Federal Republic of Nigeria, Sections 148, 149, 150, 151, 153, 164 175(3), and 192 of the Armed Forces Act (Cap A20) Laws of the Federation 2004.

    Defendants in the suits include the Chief of Army Staff and the Nigerian Army.

     

  • Falana asks military to vary sentences of convicted soldiers

    Falana asks military to vary sentences of convicted soldiers

    Lagos-based lawyer Femi Falana (SAN) has asked the chief of Army staff, as the confirming authority, to vary or confirm  the conviction and sentences passed on the soldiers by the courts-martial.

    Falana, who made the plea in a statement in Lagos yesterday, said owing to the  delay in the confirmation or variation of the conviction and sentences, the soldiers involved have not been able to file their appeal at the Court of Appeal in line with Section 183 of the Armed Forces Act (Cap 20), Laws of the Federation of Nigeria, 2004.

    Section 183 of the Armed Forces Act stipulates that :”Subject to the provisions of this part, an appeal shall lie from decisions of a court-martial to the Court of Appeal with the leave of the Court of Appeal: Provided that an appeal as aforesaid shall lie as of right without the leave of the Court of Appeal from any decision of a court-martial involving sentence of death.”

    Falana also urged the military authorities to discontinue the trial of officers and soldiers and set free the 70 soldiers convicted and sentenced to death for mutiny by two courts-martial, which sat in Abuja last year.

    He argued that since the alleged offence of mutiny arose from the legitimate demand of the convicted soldiers for weapons to fight the Boko Haram sect, the basis of their conviction and sentence could no longer be justified.

    Falana said in  the alternative, the army authorities should conclude the case of the convicted soldiers without any  further delay.

    He argued that this has become necessary “in view of the disclosure by the Federal Government that it has just acquired adequate equipment for the armed forces and invited foreign instructors to train the soldiers on the use of the equipment”. He added that with government’s disclosure, “the officers and soldiers who had consistently demanded for weapons to fight the war have been vindicated”.

    The erudite lawyer noted that 12 of the soldiers were convicted in September  while the 58 others were convicted in December last year.

    He said: “Since then, the army authorities have neither allowed the convicts any access to their family members and lawyers nor compiled and transmitted the record of proceedings of the courts-martial to the Chief of Army Staff for the purpose of confirming or varying the conviction and death sentences imposed on the soldiers.

    “This has delayed the promulgation of the findings and denied the convicts the opportunity to challenge the verdicts of the courts-martial at the Court of Appeal.

    “As if that is not enough, the army authorities have detained the convicts incommunicado in underground cells in a military guardroom in Apapa, Lagos State, instead of committing them to prison as required by the Armed Forces Act.”

    Falana noted that the nation’s troops have carried out successful operations against Boko Haram sect in the last couple of weeks with the support of the multinational force drawn from neighbouring countries.

    Because of the attack, the lawyer said the terrorists have been dislodged from many of the towns and villages in the Northeast region illegally seized and occupied by them since last year. Noting that the war on terror has not been fully won, he added that the armed forces and the Federal Government deserve praise for the success recorded so far in the task of restoring the country’s territorial integrity.

    “With the recent acquisition of vital weapons for the armed forces by the Federal Government, it is undoubtedly clear that the troops have been mobilised and motivated to discharge the constitutional duty of defending Nigeria from the forces of internal insurrection and external aggression,” Falana said.

  • Falana urges military to set aside soldiers’ death sentence

    Falana urges military to set aside soldiers’ death sentence

    Lagos lawyer, Femi Falana (SAN) has urged the military authorities to set aside the death sentence passed on 12 soldiers by its Court Martial.

    His plea was contained in a petition to the Chief of Army Staff, Lt. Gen. Kenneth Minimah.

    The petition was filed on behalf of the convicts pursuant to Section 149(1) of the Armed Forces Act (Cap A20) Laws of the Federation of Nigeria, 2004.

    Falana said the convicts were illegally charged with mutiny under Section 52(1) of the Armed Forces Act.

    He said the prosecution during the trial failed to prove that the convicts disobeyed a military act in connection with any operation against the enemy.

    In view of this, he submitted that the judgment of the Court Martial cannot be justified.

    He claimed it was characterized by grave errors of law which occasioned miscarriage of justice.

    According to him, the soldiers ought not to have been convicted as charged since there was no evidence that they wanted to kill the GOC.

    While praying the military authorities to temper justice with mercy by granting the convicts full pardon, Falana stated that the 12 soldiers ought not to have been charged with attempted murder or convicted and sentenced to death.

    “We pray the confirming authority to temper justice with mercy by granting the convicts full pardon. Even though they were ill-equipped and ill-motivated they had fought the Boko Haram troops with courage, commitment and loyalty to their country.

    “In the process they had lost many of their colleagues including the 10 whose corpses were brought to the Mailamari Cantonment. In considering the extenuating circumstances we are compelled to remind the confirming authority that the military high command confirmed the allegations of the soldiers who took part in the protest.

    “Apart from removing the GOC and retiring him from the Nigerian Army, the authorities have adopted some measures to address the complaints of the soldiers involved in combat operations in the north east region,” Falana stated.