In defence of the sentenced soldiers

The acceptance of capital punishment or the death penalty, if you like, as a sentence for heinous criminal acts has been hotly debated across the nation over the last few decades. In general, it was argued that since the sentence was so severe, the law must impose the strictest standards of proof to sentence an accused person. There are still some groups across the globe championing the abolition of death sentence. To those groups, sentencing those who commit capital offence will not bring back the act that has already been committed. Some governors in the
country are still unwilling to sign the warrant of some person on death row.
I really lack the right adjective to describe how I felt when I read about the death sentence that was passed on the twelve soldiers by the General Court-martial sitting in Abuja last week.
A military court presided over by Major General C.C. Okonkwo found 13 out of the 18 soldiers standing trial for mutiny and other offences guilty. Twelve of the convicted soldiers were sentenced to death; five were discharged and acquitted while the remaining one was jailed for 28 days with hard labour.
The soldiers had on May 14, 2014 fired shots at the General Officer
Commanding (GOC) of the newly created 7 Division of Nigerian Army, Major General Ahmed Mohammed, in Maiduguri, an act viewed in the military as mutiny. In as much as the military want to maintain discipline in the force, passing a verdict of death sentence at this critical point when the nation is going through untold security challenges should not be a consideration at all.
If you take a critical look at what led to their action, the soldiers who perpetrated the offence the military described as mutiny were frustrated. Frustration could lead to so many things including killing. According to various accounts, the Soldiers reacted in anger over the attack they suffered in the hands of Boko Haram terrorists on their way back from an operation in Kalabalge during which about 12 of them got killed. The few soldiers that survived the attack blamed their plight on the military hierarchy in the division headed by the GOC, who, they said, had
insisted that they must return to Maiduguri via a route they had earlier considered dangerous for them to pass through at night.
Some soldiers who shared the sentiments of the soldiers that carried out the shooting on the GOC said the victims and those that survived had pleaded to pass the night in one of the villages so that they could safely return to Maiduguri the following morning but those commanding the troop declined their request on the grounds that the GOC wanted them back to Maiduguri at all cost. Many have argued that these Soldiers risk their lives despite their very poor welfare package for the peace of this country and therefore should be pardoned. Whenever I  pass through any military check point, I always feel for the soldiers; with some of them in the rain, they are there under the sun, they are there and we should not also forget that some of them spend the night at these various check points. No matter how grievous the army may see the offence they have been found guilty of, Nigerians are pleading with them and President Goodluck Jonathan, who is the Commander-in-Chief of the Arm Forces to tamper justice with mercy and reduce the sentence passed on these Soldiers who sacrificed day and night for the peace of this country.
One is not supporting lawlessness among soldiers here but we must however, bear in mind that those soldiers were pursuing a just cause. Moreover, if they were found guilty of the mutiny allegations against them, I believe a lesser punishment such as demotion, salary deduction or at most months in prison would have been more appropriate.
The allegation by the convicted soldiers that the attack that led to the death of some of their colleagues on their return from the said operation was caused by mis-direction from their superiors (orders from above) must not be waved aside, it must also be investigated.
Assuming the lives of all the Soldiers that were being punished today have been wasted by the insurgents when their superior ordered them back to Maiduguri who would have been held responsible? In providing answers to this question, don’t forget that the Soldiers pleaded to pass the night in one of the villages and return the next morning because they did not consider the road they will pass through safe enough.
This is a critical time in our nations and people who are genuinely minded to fight terror should not be punished in such manner. Just like the former chairman of the Nigerian Bar Association, Ikeja Branch Mr. Monday Ubani earlier noted, the trial remains a questionable procedure as often times the rule of evidence are not complied with; the convicted soldiers should take their case to the Court of Appeal where they would most likely get fair judgment. If the soldier are executed as ordered by the tribunal, the morale of junior military officers who are fighting the insurgents would be wounded. The questions many Nigerians are begging for answers here is, was the trial conducted and due process followed? Was it in accordance with the law and statute?