NIGERIA: COURT ORDERS STAY OF EXECUTION ON CONVICTED SOLDIERS
October 28, 2014: A Federal High Court in Abuja ordered the Nigerian Army to stay execution on the death sentence passed by an Army General Court-Martial against 12 Nigerian Soldiers.
The Order was made on Tuesday (October 28) by Justice Gabriel Kolawole, in a fundamental rights case filed by Olisa Agbakoba against the Chief of Army Staff, the Commander, Army Headquarters Garrison Mogadishu Cantonment Asokoro Abuja, and the Attorney- General of the Federation.
It will be recalled that Brigadier-General B.T. Ndiomu, Commander, Army Headquarters Garrison Mogadishu Cantonment Abuja convened a 9-man General Court-Martial to try 18 soldiers for mutiny, insubordination and other military offences, which took place in Maimalari Military Barracks, Maiduguri on May 14, 2014.
The Court-Martial convicted and sentenced 12 soldiers to death by firing squad.
As a result, Dr. Agbakoba approached the Federal High Court, to set aside the death sentence on grounds of violation of fundamental rights of the soldiers and inconsistency with the Constitution.
The Chief of Army Staff and the Commander, Army Headquarters Garrison Mogadishu Cantonment were both represented by Counsel.
The case was called in Court on October 28, 2014 and the Counsel to the army requested adjournment and it was adjourned to December 8 but ordered stay of execution of the death sentence pending the determination of the Case. (Sources: allafrica.com, 31/10/2014)