TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Mutiny: Falana seeks presidential pardon for jailed soldiers

The Citizen by The Citizen
December 21 2016
in Latest News
A A
0

Lagos lawyer and human rights activist, Mr Femi Falana SAN, has appealed to President Muhammadu Buhari to pardon 70 convicted Nigerian soldiers jailed for mutiny.

The soldiers who were earlier sentenced to death by court martials in 2014 had their sentence commuted to 10 years imprisonment when the Muhammadu Buhari administration came on board.

The 70 soldiers are currently held in custody at the Ikoyi and Kirikiri Prisons in Lagos State.

Falana, in his letter dated 19 December and addressed to President Buhari, urged him to release the soldiers from jail since the Arms Procurement Panel he set up confirmed the soldiers’ claim that they were poorly equipped to face the insurgents in the Northeast.

”Our clients were charged with mutiny before courts-martial for demanding for weapons to fight the well equipped insurgents in the north east zone. In a bid to divert the attention of the public from the criminal diversion of the huge fund earmarked for procurement of arms and ammunition to fight the terrorists our clients were convicted and sentenced to death by the courts-martial which tried them in 2014.

”Since the demand of the convicted soldiers and others for weapons found justification in the criminal diversion of the huge fund provided for the purchase of arms and armament to fight the terrorists there was no legal and moral justification for the conviction and sentences imposed on them by the courts-martial.

”In Your Excellency’s interview aired by the BBC Hausa service on December 28, 2015 you rightly observed that “The government at that time sent the soldiers to the battlefield without arms and ammunition to prosecute the war. That was what led some of them to mutiny. They were arrested and detained because of this.”

Read Falana’s full letter below:

December 19, 2016

Alhaji Mohammadu Buhari,

President & Commander-in-chief,

of the Armed Forces,

Presidential Villa,

Aso Rock, Abuja.

Your Excellency,

Request for presidential pardon for 70 convicted soldiers pursuant to section 175 of the Nigerian Constitution

We are counsel to the 70 soldiers who are currently held in custody at the Ikoyi and Kirikiri Prisons in Lagos State.

We have the instructions of our clients to write this letter of appeal to Your Excellency.

Our clients were charged with mutiny before courts-martial for demanding for weapons to fight the well equipped insurgents in the north east zone. In a bid to divert the attention of the public from the criminal diversion of the huge fund earmarked for procurement of arms and ammunition to fight the terrorists our clients were convicted and sentenced to death by the courts-martial which tried them in 2014.

Although based on our appeal the authorities of the Nigerian Army have commuted the death sentences passed on the soldiers to 10 years imprisonment we are compelled to urge Your Excellency to grant them pardon on the following grounds:

1.The courts-martial which tried our clients deliberately failed to take cognizance of Section 179 of the Armed Forces Act which permits “a soldier, rating or aircraftman to make a complaint to his commanding office and that he shall not be penalized for having made a complaint”.

2.The Arms Procurement Panel set up by Your Excellency has confirmed that the huge fund earmarked for the purchase of arms and ammunition was criminally diverted by former services chiefs and other senior military officers.

3.The indicted military officers are currently being prosecuted by the Economic and Financial Crimes Commission for unlawful enrichment and criminal diversion of public funds.

4.In Oladele & Ors. v. Nigerian Army (2003) 36 WRN 48 the Appellants (23 soldiers) who were charged with mutiny and allied offences were convicted and sentenced to life imprisonment for protesting at the Cairo airport, Egypt over the non-payment of medical allowances. In setting aside the conviction and the sentences the Court of Appeal held inter alia:

“Mutiny is a criminal offence of a serious dimension. The pieces of evidence that I have reviewed supra have not shown that the appellants disobeyed any order deliberately nor did they use any violence. If anything at all, all they did was to protest the non-payment of their estacode. Such a protest finds justification on the admission of PW4 that he had paid some soldiers who earlier travelled with some estacode and was emphatic that the appellants were not prohibited but there was no express provision for the payment of estacode to them…

The members of the armed forces are not excluded from the application of the provisions of Fundamental Rights the likes of right to life, right to personal liberty, right to fair hearing, right to freedom from discrimination etc.”

Since the demand of the convicted soldiers and others for weapons found justification in the criminal diversion of the huge fund provided for the purchase of arms and armament to fight the terrorists there was no legal and moral justification for the conviction and sentences imposed on them by the courts-martial.

In Your Excellency’s interview aired by the BBC Hausa service on December 28, 2015 you rightly observed that “The government at that time sent the soldiers to the battlefield without arms and ammunition to prosecute the war. That was what led some of them to mutiny. They were arrested and detained because of this.”

In the light of the foregoing, Your Excellency will agree with us that since the armed forces were not equipped to defend the territorial integrity of the nation the convicts did not commit mutiny or any other offence whatsoever in demanding for adequate weapons to fight the well armed insurgents. But assuming without conceding that our clients committed any offence they have suffered enough having spent over 3 years in dehumanizing prison conditions.

However, since the demand for weapons to carry out counter-insurgency operations in the north east zone was legitimately made by our clients under the Armed Forces Act we urge Your Excellency to grant them pardon pursuant to Section 175 of the Constitution of the Federal Republic of Nigeria, 1999 as amended.

Please accept the assurances of our highest esteem and regards.

Yours sincerely,

Femi Falana, SAN, FCI Arb.

Previous Post

Seized assets: EFCC corrupt, irresponsible, says Fayose

Next Post

NLC threatens nationwide strike over N56,000 minimum wage

Related Posts

ADC revises primary election timetable, nomination fees
Headlines

Appeal Court reverses order deregistering ADC, four others

July 28 2026
Dangote to donate one-third of wealth to charity
Human Interest

Dangote to donate one-third of wealth to charity

July 28 2026
Insecurity: It’s sad our children now pawn in deadly ransom economy – Peter Obi
Headlines

2027: Tinubu should retire, Nigeria needs fresh leadership — Peter Obi

July 27 2026
Gunmen reportedly attack immigration office in Ogbomoso, cart away firearms
Latest News

Bandits abduct Kebbi High Court judge

July 27 2026
Army declares soldier wanted for selling military uniforms to terrorists
Headlines

Army nab wanted soldier in Borno while fleeing to Cameroon

July 26 2026
Pres. Tinubu swears in two new ministers
Headlines

BREAKING: Tinubu approves expansion of Nigerian Army to 12 divisions

July 23 2026
Next Post

NLC threatens nationwide strike over N56,000 minimum wage

Refineries to work optimally in 2017 – NNPC

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Cross River Igbo community alleges illegal taxation, seeks government intervention

Cross River Igbo community alleges illegal taxation, seeks government intervention

by The Editor
July 27 2026
0

...

Sokoto LG chairman quits APC, resigns from office

Sokoto LG chairman quits APC, resigns from office

by The Editor
July 8 2026
0

...

Bauchi Electoral Commission fixes August 17 for LG election

Bauchi Electoral Commission fixes August 17 for LG election

by The Editor
June 19 2026
0

...

Court grants indigenous status to Hausas born in Jos North

Court grants indigenous status to Hausas born in Jos North

by The Editor
June 11 2026
0

...

APPOINTMENTS

Tinubu appoints new special adviser on House of Reps matters

Tinubu appoints new special adviser on House of Reps matters

by The Editor
July 27 2026
0

...

Tinubu appoints Fayose REA chairman, names 25 others

Tinubu appoints Fayose REA chairman, names 25 others

by The Editor
July 20 2026
0

...

Tony Elumelu to step down as UBA chair, bank names successor

Tony Elumelu to step down as UBA chair, bank names successor

by The Editor
July 6 2026
0

...

Sahara Group appoints Folake Soetan as Arahas MD to drive oilfield services transformation across Africa

Sahara Group appoints Folake Soetan as Arahas MD to drive oilfield services transformation across Africa

by The Editor
July 3 2026
0

...

ODDITIES

Nigerian woman in Canada demands husband swear oath against cheating before visa sponsorship

Nigerian woman in Canada demands husband swear oath against cheating before visa sponsorship

by The Editor
July 23 2026
0

75-year-old man bags 10 years jail for defiling minor

75-year-old man bags 10 years jail for defiling minor

by The Editor
July 16 2026
0

Court remands blogger over defamation of Soludo, son

Court remands blogger over defamation of Soludo, son

by The Editor
July 13 2026
0

GLOBAL NEWS

US orders embassy staff to leave Nigeria over insecurity

US warns Nigerians with dual citizenship against travelling on foreign passport

by The Editor
July 26 2026
0

...

Republican senators mount drive to oppose Biden certification

Insecurity: Instead of addressing persecution, Nigeria launched PR campaign – Ted Cruz

by The Editor
July 23 2026
0

...

Xenophobia: Nigerian students funded your freedom – Shettima reminds South Africa

Xenophobia: Nigerian students funded your freedom – Shettima reminds South Africa

by The Editor
July 21 2026
0

...

US Congress okays bill to cut foreign aid to Nigeria

US Congress okays bill to cut foreign aid to Nigeria

by The Editor
July 17 2026
0

...

Nine European countries, Ukraine form defence coalition

Nine European countries, Ukraine form defence coalition

by The Editor
July 14 2026
0

...

State of the States

Anambra sanctions seven schools over graduation parties

Anambra sanctions seven schools over graduation parties

by The Editor
July 27 2026
0

...

Abia takes delivery of 20 more electric buses, to expand route network

Abia takes delivery of 20 more electric buses, to expand route network

by The Editor
July 27 2026
0

...

Gov. Adeleke deposes Oba Joseph Oloyede, Apetu of Ipetumodu

Osun: I’ve kept my promise of good governance – Adeleke

by The Editor
July 23 2026
0

...

Lagos blames heavy rainfall for worsening road conditions

Lagos blames heavy rainfall for worsening road conditions

by The Editor
July 17 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
NFF, AFC Toronto condemn racist abuse of Super Falcons’ Okoronkwo

NFF, AFC Toronto condemn racist abuse of Super Falcons’ Okoronkwo

July 28 2026
ADC revises primary election timetable, nomination fees

Appeal Court reverses order deregistering ADC, four others

July 28 2026
Dangote to donate one-third of wealth to charity

Dangote to donate one-third of wealth to charity

July 28 2026
Anambra sanctions seven schools over graduation parties

Anambra sanctions seven schools over graduation parties

July 27 2026

EDITORIAL REVIEW

Nigeria’s inflation rate rises to 21.09%

Africa’s hunger burden – Punch

by The Editor
July 27 2026
0

Apapa gridlock must be resolved permanently – Punch

Apapa gridlock must be resolved permanently – Punch

by The Editor
July 23 2026
0

Duty waivers must not become a fiscal hole – Punch

Duty waivers must not become a fiscal hole – Punch

by The Editor
July 20 2026
0

State airports: White elephant epidemic – Punch

State airports: White elephant epidemic – Punch

by The Editor
July 17 2026
0

Jega resonates loudly on Electoral Act underbelly – Punch

Jega resonates loudly on Electoral Act underbelly – Punch

by The Editor
July 14 2026
0

Opinion

Remi Tinubu under fire over akara, roasted corn remarks

Beyond ‘akara’ leadership

by The Editor
July 6 2026
0

...

Trump’s U-turn on Iran war ends Israel’s Middle East dream

Trump’s U-turn on Iran war ends Israel’s Middle East dream

by The Editor
June 17 2026
0

...

Terrorists kidnap Army Major General, wife in Katsina

Slain General: When the protectors need protection

by The Editor
June 17 2026
0

...

Bandits attack mosque, kill 1, abduct 9 in Kaduna

When terrorism becomes the talk of town

by The Editor
June 9 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.