MILITARY LAW CASES/JUDGMENTS

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:– “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

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

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

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JUDGMENTS OF NIGERIAN COURTS

By Litigation/Procedure Areas