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MILITARY LAW & PROCEDURE [POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR]

Comprehensive A-Z PDF Copy of the Index below complete with "Citations" and "Main Issues" either singly or as a compendium of other CATEGORIES  - are available for a fee. Just fil this FORM HERE or email lawnigeria@gmail.com & treentrees@gmail.com or info@lawnigeria.com


TITLE OF CASE

MAIN ISSUES

AJIA  V. THE NIGERIAN ARMY

COURT MARTIAL:- Conviction for defrauding the Federal Government – Fair hearing considerations – How treated

PRIVATE ALIMU AKEEM V. FEEDRAL REPUBLIC OF NIGERIA

MILITARY LAW:- Wrongful detention

 
BRIG. GENERAL GABRIEL ANYANKPELE V. THE NIGERIAN ARMY


*BRIGADIER GENERAL MAUDE AMINUN KANO v. NIGERIA ARMY & ANOR

COURT MARTIAL:- Nature of – Need for appellate court not to be unduly strict with regards to matters of procedure connected with court martial  

COURT MARTIAL:- Whether a court martial is bound by rules of evidence and manifestation of fair trial – Appeals from court martial being statutorily designated for Court of Appeal – Duty imposed on military courts to ensure that facts and basis of their judgment are clear on the records – Attitude of appellate court to failure thereto



MILITARY LAW – COURT MARTIAL:- Conviction for an offence which is not expressly criminalised – Borrowing of money – Whether a crime under the Nigerian Army Act – Section 33 (12) of the 1979 Constitution – Effect

MILITARY LAW:– "Rule 38(1) of the Rule of Procedure (Army) 1972 - Section 132(2) or Section 134(3) of the Nigerian Army Act – Proper contruction of – Whether makes no allusion to condonation and cannot be inferred as being amenable for a plea at the bar


CAPTAIN Y. U. ZAKARI V. NIGERIAN ARMY & ANOR. [CA] CAPTAIN ASAKE V. NIGERIAN ARMY COUNCIL

COURT MARTIAL:- Composition of the General Court Martial – Section 133 of the Armed Forces Act - Where any member is disqualified – Legal effect on the competency of the tribunal – Whether renders any decision of such panel a nullity


CAPTAIN Y. U. ZAKARI V. NIGERIAN ARMY & ANOR. [SC]

COURT MARTIAL:- Principle of fair hearing as enshrined in the Constitution of the Federal Republic of Nigeria – Necessity of as the guiding principle in disciplinary proceedings against a misbehaving Nigerian Soldier – Duty of court martial to comply with rules of natural justice at all times – Effect of failure thereto

COURT MARTIAL:- Section 131 of the Armed Forces Act – Convening authority - Power of the Commanding Officer to convene a Court Martial to try offences committed by persons subject to military or service law – Whether that in itself does not make him a Complainant or a Judge in his own cause – Exception - Where the complaint which led to the convening of the Court Martial is personal to the convening authority – Need to step aside

COL. CLEMENT TUMBA GAMI V. THE NIGERIAN ARMY

COURT MARTIAL:- Sections 149 (1) of the Armed Forces Decree, (No. 105), 1993 – Requirement that a three months window be provided for person convicted by a General Court Martial to make representations to the confirming authority – Validity of confirmation delivered before end of period – Whether breach of fair hearing rights of accused person

COURT MARTIAL:-  Confirming authority – Need to wait for representations of a person convicted by a General Court Martial before confirming its sentence – Failure to observe the statutory window provided for such representation – whether proof of bias on part of confirming authority – Legal effect for sentence affirmed and arising therefrom

COL. UMAR MOHAMMED V. THE NIGERIAN ARMY

COURT MARTIAL:- Fair Hearing - Duty to observe same by all tribunals in Nigeria - Likelihood of bias on part of President of General Court Martial - What constitutes - Lines of questioning and interferences by the President which may be deemed material evidence of bias - Duty of appellate court thereto

CORPORAL OLADELE & OTHERS V. NIGERIAN ARMY

COURT MARTIAL:- Charge of mutiny – Meaning of – Serious nature of – Burden of proof thereto – Protest for non-payment of estacode for peace-keeping mission abroad– Whether qualifies as mutiny

CORPORAL OLIVER & 26 OTHERS V. NIGERIAN ARMY

COURT MARTIAL:- Charge of mutiny for non-payment of operational allowance – Proof of – [Pardon of convicted soldiers]


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Contact Editors - Sam Eleanya, Agboola Lola, Ugochi Eleanya - through lawnigeria@gmail.com