The fate of the 72 soldiers sentenced to death for mutiny is to be determined by president-elect, General Muhammadu Buhari when he assumes office, The Nation has gathered.
Most of the low- ranking soldiers were condemned to death by firing squad for refusing to fight against Boko Haram insurgents.
The others were convicted for either inciting their colleagues to mutiny or protesting alleged non-payment of salaries, allowances and lack of equipment to repel the insurgents.
However, they have approached the Federal High Court asking that their conviction by the court martial be set aside on the ground of lack of jurisdiction.
Their applications were filed separately by Femi Falana(SAN), Olisa Agbakoba( SAN) and a former President of the Senate, Chief Ameh Ebute.
The 72 are those found guilty from the over 300 arrested and charged by the military authorities.
They include 54 soldiers from the 111 Special Forces Battalion of the 7 Division of the Army in Maiduguri; four from 81 Battalion of the same division and 12 others for firing at their then commanding officer, Maj-Gen. Ahmed Mohammed on May 14, 2014 at Maimalari Barracks, Maiduguri.
The Nation gathered that the military authorities are being held back from acting on the verdict because of the applications filed by the condemned men.
A top military source, who confirmed the development, said: “We may not be able to take action on the judgments of the Court Martial because there are some applications in court bordering on the jurisdiction of the tribunal, the Armed Forces Act, and fundamental human rights.
“It will be sub judicial to act on any matter before the court. The military has to subjugate itself to the rule of law in a democracy like ours.
“As it is now, we may have to leave the fate of these soldiers to the new administration to address.
“The good thing is that the new government has placed premium on counter-insurgency in the North-East.”
The source said the soldiers remain in custody ”pending judicial consideration of appeal applications.”
Another source however said: “The case of the 72 soldiers is a major challenge for the military. We have never had such a high number of soldiers facing mutiny in Nigerian military.
“The matter is also a booby-trap for Buhari, who is a no nonsense and highly disciplined Army General.
“The final decision of the President-elect will have implications for military ethos. But it is certainly an issue he has to key into his counter-insurgency plan for the North-East.
“And of course, we have the rule of law factor beclouding the entire case.”
The counsel have asked the court to declare that “Section 133(3)(4) & (5) of the Armed Forces Act, dealing with the convening authority of Court Martial, is inconsistent with Section 36(1) of the Constitution and therefore null and void.
“That the composition of the Court Martial was unconstitutional and contrary to Section 36(1) of the Constitution, which guarantees a fair trial to accused persons by a tribunal constituted in such manner as to secure its independence and impartiality.
They want an order setting aside the decisions of the Court Martial made on September 16.
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