The presidential panel constituted to review compliance of the armed forces with human rights obligations and rules of engagement in the fight against insurgents has declined jurisdiction over the complaints by about 72 soldiers earlier convicted by military court martials.
In a unanimous ruling over the weekend, the seven-man panel held that it lacked the requisite jurisdiction to review the trial of the soldiers, their conviction and the sentences passed by the court martials.
The panel, led by Justice Biobele Georgewill (of the Court of Appeal), said since the soldiers, who include Brig.-Gen. E. A. Ransom-Kuti (N/8301) who was demoted to Colonel by the Army Council, have appealed the court marshals’ decisions at the Court of Appeal, and have also applied to the President for pardon or clemency, they should explore both options.
The Justice Georgewill-led panel had, during its proceedings on September 11, directed lawyers to the soldiers (Femi Falana, SAN) and the Nigerian Army (Biola Oyebanji) to address it whether or not it possesses the jurisdiction to hear the five memoranda submitted by the soldiers.
In its lead ruling delivered on September 13, the panel said it was an investigative panel constituted by the Federal Government with specific mandate, as contained in the terms of reference.
It said it lacked the powers to “re-hear, re-consider, decide, overturn or quash trials, convictions and sentences of any or all the petitioners by the respective court marshals that tried, convicted and sentenced them.”
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