Justice
Gabriel Kolawole of the Federal High Court in Abuja has ordered the Nigerian
Army to stay the execution of the death sentence passed by an Army General
Court Martial against 12 soldiers.
The judge, in a fundamental rights case filed by a former President of the Nigeria Bar Association (NBA), Mr. Olisa Agbakoba, against the Chief of Army Staff, the Commander, Army Headquarters Garrison, Mogadishu Cantonment, Asokoro, Abuja, and the Attorney General of the Federation, ordered that the execution of the soldiers be put on hold pending the determination of the suit.
The Brigadier-General B.T. Ndiomu-led nine-man General Court-Martial had recently tried 18 soldiers for mutiny, insubordination and other military offences.
The court-martial convicted and sentenced 12 soldiers to death by firing squad.
As a result, Agbakoba had approached the Federal High Court to set aside the death sentence, on grounds that the trial violated the fundamental rights of the soldiers and inconsistency with the 1999 Constitution.
In the case, with suit number FHC/ABJ/Cs/708/14, the Chief of Army Staff and the Commander, Army Headquarters Garrison Mogadishu Cantonment, are both represented by counsel.
When the case was called in court, the counsel to the army requested adjournment.
The Federal High Court adjourned the case to December 8, but ordered stay of execution of the death sentence, pending the determination of the case. The implication is that the army has been stopped from carrying out the death sentence, pending the determination of the case.
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