Falana to appeal death sentence on 54 soldiers

Lagos lawyer Femi Falana (SAN) has asked the Federal Government to
stop the killing of 54 soldiers sentenced to death on Wednesday for
mutiny by the general court martial sitting in Abuja.
Falana promised to appeal against the decision of the court-martial,
which convicted the soldiers.
"We shall take all necessary legal measures to prevent the army
authorities from giving effect to the genocidal verdict of the
court-martial," he stated in a statement issued in Lagos.
The general court-martial tried another batch of 59 soldiers for
conspiracy to mutiny and convicted and sentenced them to death.
Five were discharged and acquitted. The acquittal was designed to give
the false impression that the dubious verdict was fair and just.
Falana said he took the decision because he was 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", adding that the acquittal of five of the 59
soldiers court-martialed, whose ages range between 21 and 25 and most
of who joined the army in 2012, was designed to give the false
impression that the verdict was fair and just.
He noted that in its judgment,
the court-martial "refused to consider the evidence led in court and
convicted 54 of the soldiers for having the temerity to ask for
weapons to carry out the task of defending the territorial integrity
of the nation".
"Since the soldiers were justified in refusing to commit suicide, the
verdict which is characterised by gross miscarriage of justice, will
not stand. Apart from the fact that the Prosecution did not lead any
scintilla of evidence to prove the two-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," Falana said.
The erudite lawyer posited that the oath of allegiance taken by the
accused soldiers is not a licence to commit suicide but "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".
Falana lamented that the soldiers in the SF 111 Batallion, which has
174 instead of 750 soldiers, were neither equipped nor motivated and
had "little or no training whatsoever before they were deployed to
fight the dreaded Boko Haram sect".
"The funds allocated for payment of the salaries and allowances of the
soldiers and for purchase of arms and ammunition are usually diverted
and cornered by corrupt military officers.
"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," he noted.
The activist recalled that on July 9,
2014, the Boko Haram sect launched a ferocious attack on the Batallion
and that because the soldiers were ill-equipped and ill-motivated,
the well armed terrorists killed three officers and 23 soldiers and
inflicted serious injuries on 82 others.
He said that the military authorities only assured the soldiers that
adequate weapons would be provided to match the sophisticated weapons
of the Boko Haram sect. "But without the provision of the said
weapons, the soldiers were ordered on August 4, 2014 to recapture
Delwa, Balubulin and Damboa in Borno State 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.
"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."
Falana was surprised when 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 as a result of which 60 soldiers were charged before the
court-martial led by Brigadier-General M. Yusuf.
He said the charge was, however, withdrawn against one of them on
health ground and that "when the trial commenced against the remaining
59, the court-martial allowed Defence correspondents and reporters to
cover the proceedings. But the revealing testimonies of the
prosecution witnesses embarrassed the army authorities.
"In particular, the defence pointed out that by not providing the
soldiers with adequate weapons, the Federal Government had violated
Section 217 (2) (b) of the Constitution which provides that the
Federation shall, subject to an Act of the National Assembly made in
that behalf, equip and maintain the armed forces as may be considered
adequate and effective for the purpose of maintaining its territorial
integrity and securing its borders from violation on land, sea or
air".
Falana argued that it was when the trial of the soldiers was in
progress that PresidentGoodluck Jonathansought 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,
emphasising that till now, the loan has not been utilised for the
purchase of weapons.
Falana said it was on the basis of such revelation that the
court-martial resorted to sitting in camera and prohibited the media
from further reporting the proceedings.
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FREED:
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