Agbakoba Sues Army Over 12 Soldiers' Conviction

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.

--PUNCH