Among the 54 soldiers were two corporals, nine lance corporals and 49 private soldiers who were attached to the 7 Division of the Nigerian Army in Maiduguri. The 7 Division is the Army Division which was created in 2013 and charged with waging war against the deadly Boko Haram terrorists who have been wreaking havoc in the North East of the country.
The convicted soldiers pleaded not guilty to the charges against them when the trial began in October.
According to the charge sheet, they conspired to commit mutiny against the authorities of the 7 Division on August 4, at the Mulai Primary School camp, opposite AIT Maiduguri, Borno State. They were alleged to have disobeyed orders to join operations against Boko Haram.
The soldiers are the second batch of Nigerian soldiers condemned to death by Nigerian Military courts for mutiny. In September, 12 soldiers were also sentenced to death for mutiny.
The soldiers were represented at the court by a respected Nigerian human rights lawyer, Femi Falana, who has vowed to appeal the ruling of the military court presided over by Brig.-Gen. Mohammed Yusuf.
“We shall take all necessary legal measures to prevent the army authorities from giving effect to the genocidal verdict of the court-martial,” Falana said in a statement issued in Lagos on Thursday.
Falana said he took the decision to appeal because soldiers cannot be sentenced to death for making “a legitimate demand for equipment to fight the insurgents.” He did not see why soldiers should be convicted for mutiny for having the temerity to ask for weapons to carry out the task of defending the territorial integrity of Nigeria.
He criticised the military court for freeing five of the accused in other to give “the false impression” that the verdict was fair and just.
“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.
