70 soldiers sentenced to death by courts-martial, says Falana

Lagos lawyer Femi Falana (SAN) yesterday clarified that 70 soldiers and not 66 were sentenced to death by two military courts-martial last year.

He gave the clarifications in a statement issued in Lagos yesterday in reaction to the claims of the Army Public Relations Officer (PRO), Sani Usman.

The Army PRO said at the weekend that

the Chief of Army Staff, Lt-Gen. Tukur Buratai, had commuted the death sentenced passed on 66 soldiers, who were convicted last year by two courts-martial.

Giving a breakdown of those sentenced to death, Falana said his chamber defended 58 of the convicted soldiers.

“Twelve soldiers were convicted in September 2014 and sentenced to death by a court-martial for demanding for weapons when the General Officer Commanding, the 7th Division of the Nigerian Army, visited a military camp in the war zone while 58 others were convicted and sentenced to death in December by another court-martial for demanding for weapons to fight the insurgents .

“Therefore, the number of soldiers who were sentenced to death by the two courts-martial is 70 and not 66,” he said.

The lawyer gave the names of four convicts, who have been left out of the commuttal of the death sentence to 10 years’ imprisonment as LCP Bankole Taiwo,  LCP Ayodele Olawale, LCP Isiah Osofu and Adebayo Gbenga.

Although the soldiers were charged with mutiny, Falana said the only allegation proved against them at the courts-martial was that they protested the refusal of the military authorities to provide weapons to fight insurgency.

Unlike many soldiers, who deserted the army, he said the convicts were ready to defend the territorial integrity of the country, adding that they only made a legitimate demand for equipment to fight the insurgents who were better equipped and motivated.

He gave further clarification that the second batch of convicts actually fought and defeated the Boko Haram troops at Delwa in Borno State when weapons were eventually made available to them “but for having the temerity to demand for weapons, they were convicted and sentenced to death”.

Urging the Chief of Army Staff to further review the case of the convicted soldiers, Falana said: “In demanding for weapons, the soldiers were exercising their right under Section 179 of the Armed Forces Act, which provides that a soldier could make a complaint to his commanding officer without any fear of punishment for having made a complaint’’.