Twenty-five soldiers of the Nigerian Army have challenged the death sentence handed down to them.
The soldiers – 21 private soldiers, two corporals and two lance corporals filed a suit against the Nigerian army and the Chief of army staff, Kenneth Minimah, over the death sentence handed to them on December 24, 2014.
The soldiers, represented by the Falana and Falana chambers, in their summon questioned the refusal of Mr. Minimah and the Nigerian army to make public, the findings of the general court marital; and described it as illegal.
They also sought to determine if the refusal of the defendants to either confirm or review the death sentence, or make a copy of the judgement delivered by the court martial available, is legal.
They also sought to determine whether the death sentence on the soldiers can be carried out pending the determination of the court of appeal against the conviction and sentence which the accused intend to file at the appellate court.
The soldiers sought to determine whether the death sentence can be carried out without an approval or mercy from the president. And if it is legal to deprive them of visits from lawyers and family members.
The soldiers then sort a declaration that they are entitled to visitation from their lawyers and family members and a review of the judgment.
The soldiers, in their suit, sought 12 reliefs.
They asked that the punishment should not be carried out pending the determination of an appeal court, an approval or a prerogative mercy from the president.
Other reliefs are suspending the execution of the judgement, making the findings of the court martial public and directing Mr. Minimah and the Nigerian army, to permit family members and lawyers to visit the soldiers and for the
The originating summons taken out by Funmi Falana and Samuel Ogala of the Falana and Falana chambers stated that if the Nigerian army and Mr. Minimah do not make a court appearance in person or through a legal representative, the judge may carry on as it deems fit and expedient.
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