PROCEDURAL STEPS ON ASSESSMENT AND VERIFICATION IN FILING COURT PROCESSES IN THE FCT
HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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CASES/JUDGMENTS ON MILITARY LAW IN NIGERIA (2)
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| TITLE | MAIN ISSUES |
| MAJOR BELLO MAGAJI V. THE NIGERIAN ARMY | MILITARY LAW – COURT MARTIAL:- Proceedings before the General Court Martial (G.C.M.) for short, on a charge of sodomy contrary to Section 81(1) (a) of the Armed Forces Decree No. 105 of 1993 MILITARY LAW – COURT MARTIAL:- Competent convening authority for a General Court Martial, GCM – How determined – Section 128 (1) of the Armed Forces Act – When a person other than the Commanding Ofiicer can convene a GCM MILITARY LAW – COURT MARTIAL:- Nature of – Whether General Court Martial cannot be equated to the regular courts where strict procedures are required – Whether has no requirement for any specific style of writing a judgment |
| MAJOR I. O. AMACHREE v. NIGERIAN ARMY | “COURT MARTIAL:- Duty to observe the rules of Fair hearing – Likelihood of bias – Wide latitude under section 223 of the Evidence Act, 1990, to raise questions as to enable the court clear some doubts and ambiguities in any proceedings – Whether not a licence to descend into the arena and abandon the primary function as the umpire of holding the scales of justice between the contesting parties before it – Test for determining the perpetration of bias by the court against a party before it – Legal effect |
| NIGERIAN AIR FORCE V WING COMMANDER T L A SHEKETE | |
| NIGERIAN ARMY V BRIG GEN MAUDE AMINU KANO | MILITARY LAW – COURT MARTIAL:- Guilty verdict – Fundamental condition a military must satisfy like its civil court counterparts – Need to show on the records ex-facie basis for a conviction – Need to accord a citizen of Nigeria even in military service the protection of the Constitution as to fair-hearing – Effect of failure thereto |
| NIGERIAN AIR FORCE Vs. EX.SQN. LEADER A. OBIOSA | MILITARY LAW- “Appropriate superior authority”-Who qualifies as – Section 128 of the Armed Forces Decree No. 105 of 1993 (as amended). MILITARY LAW – Allegation that military officer is engaged in private business contrary to standing orders-How established -Whether mere tendering of form of particulars of directors of a company sufficient. |
| NIGERIAN ARMY V. BRIG. GEN. MAUDE AMINUN-KANO | |
| OBISI V. CHIEF OF NAVAL STAFF | COURT MARTIAL:- Constitution of – Whether a Judge Advocate is a member of a Court Martial. COURT MARTIAL-Constitution of- Whether a liaison officer is a member of a Court Martial. |
| REAR ADMIRAL FRANCIS ECHIE AGBITI V NIGERIAN NAVY | MILITARY LAW – COURT MARTIAL:- The court martial as a military court recognized by the Constitution – Whether always bound by the criminal rules of evidence and manifestations of fair trial – Effect of breach thereto – Whether fatal to any judgment arising from such court martial COURT MARTIAL:- Sections 129 and 133 of the Armed Forces Act CAP A20 Laws of the Federation 2004 – Provisions relating to proper constitution of a General Court Martia – Where not complied with as required by law – Whether goes to issue of competence or jurisdiction – Legal implication for any decision arising therefrom |
| THE NIGERIA AIR FORCE V. EX-SQN LEADER M. O KAMALDEEN | GENERAL COURT MARTIAL:- Jurisdiction to hear criminal cases – Extent of – Junior Officer – Culpability for obeying orders – Onus of proving existence of order – On whom lies – Obedience to orders grossly and manifestly illegal – Whether a valid defence |
| THE NIGERIAN AIR FORCE V. EX-WING COMMANDER L.D. JAMES | GENERAL COURT MARTIAL:- When properly constituted for the hearing of criminal matters – Jurisdiction and competence of – Illegal possession of fire-arms, disobedience to standing order, stealing, etc. – How |
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HIGH COURT OF THE FEDERAL CAPITAL TERRITORY, ABUJA. PROCEDURAL STEPS
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