Human rights lawyer, Mr Femi Falana SAN, has urged President Muhammadu Buhari to grant presidential pardon for all convicted members of the armed forces pursuant to section 175 of the Nigerian Constitution.
In an open letter to the President, Falana noted that the demand for pardon became necessary since the government has established that there was diversion of the fund provided for the purchase of arms and armament to fight the terrorists, which led to the protest of the convicted soldiers.
Falana, in a three-page letter, noted: “Since the demand of the convicted 70 soldiers and others 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.
“No doubt, General Buratai identified the gross injustice meted out to the soldiers. But instead of quashing the unjust findings of the courts-martial he merely reduced the death sentences passed on 66 out of 70 condemned soldiers to 10 years’ imprisonment.”
According to the lawyer who also doubles as the convicts’ counsel, it was on record that over 25,000 soldiers and civilians including children have been killed by insurgents due to inadequate weapons to counter the terrorists.
“However, for merely demanding for arms and armament from the military authorities for the continuation of the fight against the insurgents, the immediate past Chief of Army Staff, General Kenneth Minima (rtd) accused a number of soldiers of sabotaging the counter-insurgency operations of the federal government and proceeded to set up courts-martial to try them for mutiny,” he said.
Falana further submitted that in a bid to cover up the criminal negligence of the military authorities, the courts-martial discountenanced the unchallenged evidence of the soldiers and proceeded to convict them.
Urging the President to exercise his powers by pardoning the soldiers, Falana said: “In view of the grave injustice which had characterized the trial of the convicted soldiers, we made a passionate appeal to the current Chief of Army Staff, General Yussuf Butarai not to confirm the iniquitous findings of the courts-martial.
He said in view of the several revelations coming from the Arms Procurement Panel instituted by the President concerning diversion of funds meant for arms procurement, “Your Excellency will therefore 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. “We are therefore compelled to urge Your Excellency to exercise your prerogative of mercy in favour of all the convicted members of the armed forces pursuant to section 175 of the Constitution.”
Besides, the lawyer prayed President Buhari to pardon all members of the armed forces who were convicted by military courts for demanding for adequate weapons to fight the Boko Haram terrorists.
-Vanguard