Femi Falana
Human rights lawyer, Femi Falana, has condemned the death sentence passed on 54 soldiers by an army court-martial.
In a statement Thursday, Mr. Falana said the convicted soldiers, the
second batch to be condemned to death by a military court, had been sent
on a suicide mission by army authorities ill-equipped and poorly
motivated.
The soldiers, attached to the 7 Division, Nigerian Army in Maiduguri
include two Corporals, Cpl, nine Lance Corporals, LCpl and 49 Private
soldiers.
They were found guilty Wednesday by a General Court-Martial in Abuja after facing a two count of criminal conspiracy and mutiny.
Of the 59 soldiers initially arraigned before the court, five were discharged and acquitted while 54 were sentenced to death.
Mr. Falana said that the acquittal was designed to give the false impression that the “dubious” verdict was fair and just.
“The soldiers were in the SF 111 Batallion which has 174 instead of
750 soldiers,” said Mr. Falana, a Senior Advocate of Nigeria.
“The soldiers in the Batallion were neither equipped nor motivated.
They are young men whose ages range between 21 and 25. Most of them
joined the army in 2012.
“With little or no training whatsoever they were deployed to fight the dreaded Boko Haram sect.”
Mr. Falana also accused the army hierarchy of diverting funds
allocated for payment of salaries and allowances of soldiers and for
purchase of arms and ammunition.
“Instead of bringing such unpatriotic officers to book the military
authorities have engaged in the diversionary tactics of wasting the
lives of innocent soldiers by sentencing them to death without any legal
justification,” Mr. Falana said.
On July 9, 2014 the Boko Haram sect launched a ferocious attack on
the Batallion killing three officers and 23 soldiers and inflicting
injuries on 82 others.
Despite assurances that adequate weapons would be provided to fight
the terrorists, according to Mr. Falana, authorities failed to fulfil
their promise.
On August 4th, and after the insurgents had annexed more territories
in Borno State, the soldiers were ordered to recapture Delwa, Balubulin
and Damboa from the Boko Haram terrorists.
“The soldiers demanded for weapons so as not to lose more officers
and men in the circumstance. A few soldiers who embarked on the suicidal
mission together with the Commanding Officer were ambushed by the Boko
Haram troops,” said Mr. Falana.
“When some weapons were made available on August 8, 2014, the
soldiers moved to the battlefront, dislodged the satanic Boko Haram sect
and liberated their captured colleagues and officers.
“They were commended for their bravery and sacrifice. But for some
inexplicable reasons, the army authorities ordered that the soldiers be
charged with mutiny for allegedly exposing the armed forces to
embarrassment by asking for weapons.
“Thus, 60 soldiers were charged before the court-martial led by
Brigadier-General M. Yusuf. The charge was however withdrawn against one
of them on health ground.”
Mr. Falana, who served as defence counsel to the convicted soldiers,
said that midway into the trial, journalists were shut out of the
military court to avoid further embarrassment to the army.
“It is public knowledge that it was when the trial of the soldiers
was in progress that the President and Commander-in-chief of the Armed
Forces, Dr. Goodluck Jonathan, sought and obtained the approval of the
National Assembly for a loan of USD$1 billion to purchase equipment for
the prosecution of the war on terror,” he said.
“Up till now, the loan has not been utilized for the purchase of weapons.
Mr. Falana also faulted the judgment delivered on Wednesday, noting
that the court-martial refused to consider the evidence led in court and
convicted the 54 soldiers for having the temerity to ask for weapons to
carry out their tasks.
“Apart from the fact that the Prosecution did not lead any scintilla
of evidence to prove the 2-count charge of conspiracy and mutiny against
any of the convicts the Court-martial did not consider the defence of
the soldiers in any material particular,” said Mr. Falana.
“Convinced that soldiers who made a legitimate demand for equipment
to fight the insurgents cannot, by any stretch of imagination, be
properly convicted for mutiny we shall take all necessary legal measures
to prevent the army authorities from giving effect to the genocidal
verdict of the court-martial.
“We submit that the oath of allegiance taken by the accused soldiers
is not a license to commit suicide. It is a solemn undertaking to defend
the nation based on the expectation that the Federal Government would
have complied with Section 217 of the Constitution on the mandatory
requirement to equip the armed forces adequately.
“It is important to state that when equipment was made available on 18 August 2014, the accused soldiers fought gallantly.”
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