₦airaland Forum

A former President of the Nigerian Bar Association, Olisa Agbakoba (SAN), has dragged the Nigerian Army before a Federal High Court in Abuja, challenging the death sentence passed by the military General Court Martial on 12 soldiers.

A nine-man GCM had on September 16, 2014, pronounced 12 Nigerian soldiers guilty of mutiny and consequently sentenced them to death by firing squad.
But Agbakoba, in a suit marked FHC/ABJ/CS/708/2014, is contesting the legality of the military tribunal.

According to him, the composition of the GCM violated Section 36(1) of the 1999 Constitution, which preserves the right of an accused person to fair hearing.
The lawyer argued further that sections 133(3)(4) and (5) of the Armed Forces Act, which empowered the GCM, was null and void since it was inconsistent with section 36(1) of the 1999 Constitution.
In the affidavit in support of his suit, Agbakoba averred that it was unlawful for the Commander of the Army Headquarters Garrison, Mogadishu Cantonment, Brig. Gen. D.T. Ndiomu, to single-handedly appoint all the members of the military tribunal.

He said since all the members of the GCM were soldiers appointed by Ndiomu, the convicted soldiers were denied their right to independence and impartial trial.
The senior advocate said, “The independence and impartiality of the court martial was not secured in the trial of the soldiers. This is because all those who participated in the events related to the court martial were Army officers. They were the investigators, the prosecutors, the president, the judge advocate, the waiting member, and other members of the court martial.”

The suit filed under the Fundamental Rights (Enforcement Procedure) Rules 2009 is seeking, among other reliefs, “a declaration that the convening and composition of the Army General Court Martial which convicted and sentenced the 12 soldiers to death by firing squad for various offences on September 16, 2014 is contrary to Section 36(1) of the Constitution of the Nigeria, 1999.”
Agbakoba is praying the court to set aside the death sentence on the 12 soldiers.

Source: http://www.punchng.com/news/agbakoba-sues-army-over-12-soldiers-conviction/

[size=38pt]holy sh.it, WTF, FTC[/size].
It aint beans mehn!!!


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is true let them at least be allowed a fair hearing. is the natural right.

not even now that we are deficient of soldiers.

I know gej will intervene favorably, he is a good man

Whatz this bloody civilian tryna do
He should leave the military to their ruling & go do what he knows how to do best "civilian ruling"

I believe if those given the death sentence where found guilty shouldn't be pardoned.
I mean,the army isn't jst a unified body where you make your own decisions,being an army comes with much work of full dedication & commitment in protecting your country...

I think they should face the sentence passed upon them to serve as a deterrent to others trying to follow same part,besides the motto has always been clear "Obey the last order".


If the Nigerian military men were chosen from nairaland,i think by now Nigeria would have been at the verge of collapse...Countries like Ghana,Sudan, Cameroon & others would have been a threat to us.

The military is meant for strong hearted men,not the timid men i see over here attacking me for being mean & wicked.

They should at least be given a fair hearing, instead of just sentencing them to death like chickens after they have tried to protect this nation with their lives.

Nice one,we pray for the release of our gallant soldiers who fight so we can av peace,who stay awake so we can sleep
God is their strength

Sue the army!? That's brave

The court should pardon those soldiers naaaa Since they decided to let those Boko Haramites Who surrendered to live,why can't they pardon our gallant soldiers Who fight day and night for the safety of the nation They shouldn't be denied their right. They should be allowed a fair hearing. It's their constitutional right!!!


Abi is it now a crime to be a soldier in this country

I pray he wins.

MODs check †ђε front page button, it seems to be working on its own

@topic, they shud not be denied their rights

priscaoge:
The court should pardon those soldiers naaaa *****Since they decided to let those Boko Haramites Who surrendered to live,why can't they pardon our gallant soldiers Who fight day and night for the safety of the nation ***** They shouldn't be denied their right. They should be allowed a fair hearing. It's their constitutional right!!!
Abi is it now a crime to be a soldier in this country

you have said it all

madridfc:
I pray he wins.

same here.

I don't blame those soldiers one bit.

Their situation is like that of David and goliat. Not everybody can be as lucky as David was

#Family court

ok

.

Someone's prayers are being answered!

Good. The Commander-In-Chief is hiding. Top Army Bosses are sharing Security budget allocation. And when our soldiers complain, they will be sentenced to death. Make them no try that nonsense.

I am not into law but common sense and reason tells me (In fact, as seen on movies) that the actions of those soldiers was grave.
They attacked (opened fire) at a very senior military personnel. That is so wrong.
I do not see any other punishment to give them other than that.
I trust GEJ anyway, he may want to look into it but of course not so soon.

They should be pardoned

It is well sha
I know

Once you are in the army, noting like mutiny. If not the corruption in Nigeria , those junior staffs would not have protestes against their seniors. They should please have justice on them

Abeg make dem try change those soldiers death sentence to like 10 years or something.

They should be forgiven

D

Though they are guilty and their punishment is death. Jonathan can intervene since he is the commander in chief of the armed forces. They should temper justice with mercy bikonu.

Smh to dose space bookers tho!

.

they can't kill those soldiers. Am sure of that

Justice we need.

Good one Agbakoba, that court martial should not stand

Hmm. See planned work. Military death sentence doesn't take this long to execute. I knew they didn't want those soldiers dead but they have to make it appear formal. Only God know how much they've paid this former NBA president to act in this movie of making the case look formal.

Anyway, good plan!