Following the alleged mutiny against a senior officer and the subsequent result leading to twelve soldiers being condemned to death, a Federal High Court sitting in Abuja has ordered the Nigerian Army to stay off execution.
The order was given on Tuesday, October 28, 2014, 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 would be recalled that Brigadier-General B. T. Ndiomu, Commander, Army Headquarters Garrison, Mogadishu Cantonment, convened a nine-man General Court-Martial to try 18 soldiers for mutiny, insubordination and other military offences.
The mutiny took place at Maimalari Military Barracks on May 14, 2014. 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 of violation of fundamental rights of the soldiers and inconsistency with the Constitution. The Case is No. FHC/ABJ/Cs/708/14
The Chief of Army Staff and the Commander, Army Headquarters Garrison, Mogadishu Cantonment are both represented by a counsel. The case was called in court on October 28, 2014.
Meanwhile, counsel to the army requested adjournment. The Federal High Court adjourned the case to December 8, 2014 but ordered stay of execution of the death sentence, pending the determination of the case.
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