SHOULD ARMY EXECUTE MUTINIED SOLDIERS?

I was at Allen Avenue Bus stop (Ikeja) on my way to work and I decided to take a peep at the headlines and of course to listen to another morning of arguments by my follow “Headline-Peepers.(They Never Buy the papers)

I would like to admit that I really enjoy the constant argument at the news stands in Lagos. You get to meet people from various walks of life, backgrounds and culture arguing on topics ranging from spot(Football of course) to politics and current affairs.

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So it happen this particular morning that I met a heated debate. The front liners(others of course pick sides) was a lawyer and a journalist. And the subject of discussion was whether the recently court marshaled soldiers have the right to appeal and if their appeal will mean anything.

The lawyer was of the view that he can appeal the case while the journalist maintained that the court martial was final.

After about 2 minute of listening to their debates, I obviously chose a side. Towards the end of this article, I will tell you which side I supported.

The argument went ahead with the lawyer saying that the constitution allows for the soldiers to appeal the case before the court of appeal to which the journalist promptly said argued that this was a military issue not a civilian one and at such the military tenets is followed and that only the president has the power to save the soldiers from their plight adding that this was a case of mutiny and that the president will not be so inclined to vetoing the ruling of the court marshal especially now that the military need to be well disciplined to counteract the Boko Haram Insurgent.

The lawyer however argued that Section 36 of the 1999 constitution offers everyone a right to an appeal and that the Nigerian Army act comes subject to the 1999 constitution as the supreme legal code of the federation and that whenever the army Act and the 1999 constitution comes head to head, the constitution always prevail.

This of course met with differing views. I even tried to raise an objection and (trust lawyers) he caught me short even before I started saying; ‘“well boy ,listen when I talk, you are just a boy, learn”.

By then the time was 8:40 and I have to resume work by 9:00. I couldn’t actually see the end of the debate(if there is ever an end)-at least I didn’t see who ran away.

However clarification came the next morning for me when I was watching “SUNRISEDAILY” and Bar. Femi Falana was interviewed. He said very clearly that the ruling of the court martial was subject to the Army council even before the court of appeal     and that they can actually appeal to the court of appeal. He even sighted a similar case YUSUF VS FG in which he himself served as attorney for the defense. Now it became very clear.

However, pending the convergence of the Army council, the fate of the mutinied soldiers however remain uncertain.

P.S: I actually supported the Journalist( partly due to a little caution I keep with regard to my learned friends- they can convince you that its “unconstitutional” to eat.)