28 Nigerian Soldiers Petition Un Over Trial

28 Nigerian soldiers petition UN over trial   
Written by Innocent Anaba     
Monday, 22 September 2008 
The 28 Nigerian soldiers who returned from Liberia after serving in the United Nations Peace Keeping Operations, but are being prosecuted by the Nigeria Army for allegedly protesting over their unpaid salary arrears, have petitioned the United Nations, over their trial, arguing that they are being tried for exercising their right to freedom of expression.
Counsel to the soldiers, Mr Femi Falana, in the petition addressed to Frank Lewy, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression of the UN Human Rights Commission, called on the world body to prevail on the Nigerian Army to stop the prosecution of the soldiers and release them unconditionally.

Said Falana: “I wish to draw the attention of the Rapporteur, to the “unlawful trial of some 28 Nigerian soldiers for peacefully exercising their internationally recognised human right to freedom of expression, and to urge you to urgently prevail on the Nigerian government to stop the trial and release the soldiers unconditionally, and to fully implement its international human rights obligations, including under the UN International Covenant on Civil and Political Rights to which Nigeria is a state party”.

“Following a peaceful protest on 4 July 2008 in Akure, Ondo State, the Nigerian Army unlawfully arrested and detained the 28 soldiers and subsequently charged them with mutiny.”

“The soldiers who returned to the country from Liberia after serving in the United Nations Peace Keeping Operations in that country were demanding the release of their unpaid operational allowances.

Throughout the seven months duration of the mission, the monthly salary of US$1,048 per person paid by the UN was illegally withheld by the Nigerian Army. Unlike their counterparts in the UN Contingent, the Nigerian soldiers had to fend for themselves. They were even compelled to buy their uniforms and boots even though provisions were made for them by the UN.

“We are seriously concerned that the soldiers who have been detained in dehumanising condition at the military barracks in Akure since June 5, 2008 are now being tried for a serious offence of mutiny, which attracts probable execution as prescribed by military laws in Nigeria simply for demanding their legitimate entitlements and human rights”.

“We consider the unlawful trial of the 28 soldiers to be in violation of the International Covenant on Civil and Political Rights, which provides in its Article 19 that “everyone shall have the right to hold opinions without interference.

Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice”.

“We also believe that legal restraints upon individual freedom of expression should only be tolerated where they are absolutely necessary to prevent infliction of actual harm or to secure the liberties of others. A more or less remote possibility that someone will be harmed or claims that the stability of society will be undermined is not sufficient justification for legal prohibition”, he added.

 source:http://www.vanguardngr.com/content/view/17568/43/