POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR
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TITLE OF CASE | MAIN ISSUES |
AJIA V. THE NIGERIAN ARMY | COURT MARTIAL:- Conviction for defrauding the Federal Government – Fair hearing considerations – How treated |
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 |
CAPT ASAKE V NIGERIAN ARMY COUNCIL | 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 [2] |
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 |
FLIGHT LIEUTENANT OUT EDET V. CHIEF OF AIR STAFF AND ATTORNEY-GENERAL OF THE FEDERATION | COURT MARTIAL- Military employment – Premature/compulsory retirement – Application to quash same – How treated |
LT COL. A. AKINWALE v NIGERIAN ARMY |
MILITARY LAW:- Procedure for General Court Martial under the Armed Forces Decree 1993 – Provisions relating to initiation of investigation into alleged wrongdoings of accused person and the convening of the General Court Martial – Integral nature of the Investigative/Sentencing segment of the GCM and the Confirming/Promulgation segment – Requirement for separate authorities for the different but integrated segment – Justification of – Need to observe Fair Hearing principles – Effect of failure thereto – Whether fatal for entire proceedings and not just a segment of it MILITARY LAW:- Procedure for General Court Martial under the Armed Forces Decree 1993 – Who may set up/convene the General Court Martial – Distinction between the Investigating/Sentencing segments and Confirming/Promulgation segments of a General Court Martial – Whether section 152 (a) of Decree 105 of 1993 empowers the convening officer to act as both the convening and confirming authority – Need for a General Court Martial to strictly observe rules of equity and natural justice applicable to it MILITARY LAW:- Procedure for General Court Martial under the Armed Forces Decree 1993 – Right of a person convicted by a General Court Martial to make representations to the Confirming authority under section 152(2) within a statutorily prescribed time period – Whether can be denied, short-circuited or limited through reduction of the time period MILITARY LAW:- Procedure for General Court Martial under the Armed Forces Decree 1993 – Right of person accused before a General Court Martial to counsel of choice – Whether choice restricted to active military officers – Whether counsel can be imposed upon accused person by General Court Martial – On whom lies the duty to secure counsel for accused person – Where accused fails to secure a counsel – Duty of tribunal thereto |
M.W.O KENABU PHILIP V. NIGERIAN ARMY |
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JUDGMENTS OF NIGERIAN COURTS |
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By Substantive Areas |