The 54 soldiers sentenced to death for mutiny by the General Martial Court in December 2014 have applied to a Federal High Court in Abuja to restrain the military authorities from hastily executing them.
The soldiers, who are were attached to the 111 Special Forces Battalion, Maiduguri, Borno State were among those convicted last year by the General Court Martial headed by Brig- Gen. Musa Yusuf.
They stated in their suit marked: FHC/ABJ/CS/484/15 that the military high command could consent to their execution any moment from now despite the military’s alleged non-compliance with prescribed procedures.
In an application by their lawyer, Mrs. Funmi Falana, the convicted soldiers said it was illegal for the army authorities to go ahead with their execution when the findings of the General Court Martial had not been promulgated.
They also argued 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 cannot execute them.
The soldiers hinged 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.
Defendants in the suits include the Chief of Army Staff and the Nigerian Army.
