The soldiers allegedly committed mutiny on August 4, 2014 by refusing to join troops in Maiduguri for "an operation."
Their arraignment which is to take place at the Sani Abacha Barracks in Abuja comes as It was also gathered on Monday that some of the 12 soldiers convicted on September 15, 2014 by the GCM had notified the Court of Appeal of their intention to challenge their sentences.
The GCM headed by Brig. Gen. C. Okonkwo had sentenced 12 out of 18 soldiers facing trial guilty of mutiny among other offences and
sentenced them to death. Five of them were however discharged and acquitted and one sentenced to 28 days' imprisonment with hard labour and reprimand.
The soldiers were charged with mutiny among other offences, including attacking the former
General Officer Commanding the 7th Division of the Nigerian Army, Ahmed Mohammed.
A copy of the charge sheet filed against the 60 soldiers revealed that the soldiers, comprising two corporals, nine lance corporals and 49 privates, are to be arraigned on two counts of conspiracy to commit mutiny and mutiny.
The accused allegedly committed the offences at the Mulai Primary School, opposite African Independent Television in Maiduguri, Borno State on August 4, 2014 by refusing to join "111 SF Bn troops" led by Col. E.A. Aladeniyi to
Maimalari Barracks in connection with an operation.
According to the charge sheet, they "conspired to commit mutiny against the authority of 7 Division," an offence said to be punishable under Section 91(1) of the Penal Code Cap P89 LFN 2004.
The soldiers were also accused of committing mutiny which is said to be punishable under Section 52(1)(a) of the AFA CAP A20 LFN 2004.
The charges are said to be triable in the GCM under Section 114 of the AFA Cap A20 LFN 2004 and punishable under Section 91(1) of the Penal Code Cap P89 LFN 2004.
The two corporals are Andrew Ogolekwu and Saturday Efa.
The charge sheet reads, "Count One: Criminal conspiracy to commit mutiny triable by the General Court Martial by virtue of Section 114 of
the AFA Cap A20 LFN 2004 and punishable under section 91(1) of the Penal Code Cap P 89 LFN 2004.
"Particulars of offence: In that you at Mulai Primary School Camp opposite AIT Maiduguri on or about 4 August 2014 conspired to commit
mutiny against the authority of 7 Division.
"Count 2: Mutiny contrary to and punishable under section 52(1)(a) of the AFA CAP A20 LFN 2004.
"Particulars of offence: In that you at Mulai Primary School Camp opposite AIT Maiduguri on or about 4 August 2014 refused to join 111 SF BN troops led by Col. E.A. Aladeniyi (N/9695) to Maimalari Barracks in connection with an
operation."
Indications had emerged on Sunday that lawyers seeking to file an appeal challenging the conviction of some of the 12 soldiers by the GCM had not been able to have access to
them.
There were reports that the convicted soldiers had been moved from the Defence Headquarters Garrison, Abuja to a detention facility at the Directorate of Defence Intelligence, Lagos.
A Senior Advocate of Nigeria, Chief Godwin Obla, who brought the process of appeal on behalf of three of the convicted soldiers, said his chambers had made unsuccessful attempts to get in touch with them without success.
The soldiers are Iganmu Emmanuel, Steven Clement and Andrew Ngbede.
Obla told one a source that the military did not volunteer information on where the convicts
were being kept.
He said that the inability to locate them had hampered the completion of the appeal process as they had not been available to sign some documents required for the appeal.
It was also learnt that the Army might soon arraign 13 soldiers for cowardice and failure to obey orders from their superiors to advance at the (war) front.
The soldiers were said to have been directed to join their counterparts at the 7 Division, entrusted with the responsibility of coordinating the ongoing counter-terrorism operation in the North-East early in the year.
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