Fifty-four soldiers sentenced to death for alleged mutiny have filed a suit before the federal high court in Abuja to prevent their execution.
Their suit, FHC/ABJ/CS/484/15, was filed out of fear that they could be executed at any moment despite alleged non-compliance with the procedure stipulated in the law.
The chief of army staff and the Nigerian army are the first and second defendants in the suit which was filed on May 22, 2015.
Through Funmi Falana, their counsel, they argued that it was illegal for the army authorities to proceed when the findings of the general court martial had not been promulgated.
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They also argued, among other grounds, that until the confirmation or review of the findings of the court martial by the army authorities, the hearing and the determination of their appeal against the sentence, and the approval of the judgment by the president, the army could not execute them.
They hinge their prayers in the suit on provisions of section 36 (7) of the 1999 constitution of the Federal Republic of Nigeria, sections 148, 149, 150, 151, 153, 164 175(3), and 192 of the armed forces act (Cap A20) laws of the federation 2004.
The soldiers – two corporals, nine lance corporals, and 48 private belonging of the 111 special forces battalion, Maiduguri in Borno state – were found guilty of rebelling against the authorities of their division back in August and subsequently convicted in December.
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