Former President of the Nigerian Bar Association (NBA), Olisa Agbakoba, has described a statement credited to the Chief of Defence Staff (CDS), Alex Badeh, in the mass media on summary trial within the military as unfortunate and one against good conscience, equity and justice.
Badeh, in response to the call by many Nigerians that the 12 condemned soldiers sentenced to death by firing squad by the Military Court Marshal for mutiny should not be executed, had threatened that the Army would soon set up court marshal on the war front.
Specifically, Badeh had said: “In fact, maybe you will now push us to go and start doing field court martial in the bush. We try them, in five minutes we would have finished the trial, kill them, bury them and we go on with the fight.”
However, Agbakoba, in a personal letter to Badeh, a copy of which was made available to newsmen on Friday, said he was shocked that such a statement could emanate from the highest military officer in Nigeria.
Agbakoba, a Senior Advocate of Nigeria (SAN), in the letter had said: “I read a statement attributed to you in the newspapers endorsing summary trials and execution in relation to soldiers and officers engaged in desertion and other military offences.
“You reportedly made the above statement in reaction to comments by Nigerians against the decision of Army General Court Martial that sentenced 12 soldiers to death by firing squad for alleged mutiny and other military offences.
“I hope that the statement does not represent what you said. I assume you have been misquoted. In the unfortunate event that the statement is true, I am shocked that this has come from Nigeria’s most senior sitting, serving military officer. With respect, the statement is repugnant to good conscience, equity and justice.
“The era of military rule is over and the military is subordinate to the Constitution, which has supremacy over all persons and authorities. Without prejudice to the framework of court martials, they are subordinate to the Constitution. The popular point is that the trial of the soldiers was conducted contrary to fair hearing guaranteed by the Constitution. This is the missed point in your comments.
“I have filed an action in court against the court martial decision. Let us hope that we will all abide by the outcome of the case,” Agbakoba said.
*Daily Independent
