Mutiny: Agbakoba, Gen Ikponmwen seek review of sentence Former President of Nigerian Bar Association, NBA, Dr. Olisa Agbakoba, SAN, yesterday, said that the decision of the Brig-Gen B.T. Ndiomu-led Court Martial, sentencing 12 soldiers to death for mutiny was unconstitutional, as the army was the investigator, prosecutor and judge, all rolled into one. Similarly, former Provost Marshal of the Nigerian Army, Brig.Gen. Idada Ikponmwen, said it will be catastrophic for the country and the nation as a whole, if President Goodluck Jonathan fails to intervene urgently on the death sentence passed on 12 soldiers. Also, Youths Initiative for Global Peace based in Osun State, has charged the Federal Government and Nigeria military to reverse the judgment, pleading that the killing of the soldiers, who have made personal sacrifice to combat the evils of terrorism that has besieged the country should not be the last option. Agbakoba, in a letter to the Chief of Army Staff, Lt Gen Kenneth Minimah, said “I write to draw attention to the unconstitutional decision of the Court Martial in which 12 soldiers were sentenced to death. This is without prejudice to the offence alleged to have been committed. “We fully understand that Military discipline is based on obedience to superior orders and that mutiny is a serious offence, yet the Nigerian Constitution guarantees a right to fair hearing to every Nigerian. “The manner, procedure and process by which these condemned soldiers were sentenced to death is contrary to the Nigerian Constitution. The reason is because the Army was investigator, prosecutor and judge all rolled into one. This is contrary to the rules of natural justice as consecrated at Section 36 of the 1999 constitution. On his part, Idada said though the offence committed by the soldiers carries death penalty but, it will be wrong to kill the soldiers when it was alleged that the top hierarchy of the military was not transparent as regards the up- keep of the military, adding that the nation may risk “serious unrest in the military and the nation as a whole if junior officers in the military sense that they are being used as scape goats.” The retired General, who had participated in several court marshals, such as the trial of three Admirals in the Missing MP African ship, said “firstly, mutiny is a very serious crime in the military. There is no military establishment that is truly so that can afford to toy with the issue of mutiny. It is therefore, not surprising that the court marshal that tried these soldiers meted out the harsher punishment that is deserved by this nature of offence ordinarily. “But having said that, this can only be justified when every thing is normal, when the standard of the military itself, the transparency and the dedication of the overall government are all in place. In particular, when the military had to purge itself of a lot of things that are becoming associated with it, it becomes necessary to take a second look. Otherwise the impression may be given that the junior ranks are being made the scape goats. The truth of the matter is that the military itself requires to carry out very urgently, self reappraisal in terms of loyalty, dedication and transparency.”
Posted on: Thu, 18 Sep 2014 22:04:35 +0000
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