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.
