Critical Appraisal of Court Martial Cases at Appellate Courts in Nigeria

Description

Download Critical Appraisal of Court Martial Cases at Appellate Courts in Nigeria. Law students who are writing their projects can get this material to aid their research work.

Abstract

Court-martial is a major aspect of the administration of military justice. In Nigeria, courts-martial set up by the Army, Navy, and Air Force have had numerous problems in the last 24 years leading to the upturning of the majority of the judgments by appellate courts.

Judgments of about 70 percent of court-martial cases that were appealed against in Nigeria between 1990 and 2014 were upturned by appellate courts. This work discovered that the major reasons that made appellate courts to upturn the judgments were on grounds of lack of jurisdiction, non-observance of the principles of fair hearing, and lack of diligent prosecution among others.

The Nigerian Armed Forces have lost several officers and soldiers to dismissals from courts-martial of which their dismissals and sentence of imprisonment were upturned many years after when it was difficult to get them back to service. This equally led to the wastage of several man-hours prosecuting such cases at high expense.

Introduction

The Armed Forces of Nigeria like those of other countries of the world are created to defend the country from external aggression and maintain its territorial integrity. They are also created to secure her borders from violation on land, sea, or air and to suppress insurrection, and act in aid of civil authorities.

These functions form part of vital interests that are linked with the survival of the country.During wars and internal insurrections as currently experienced in the North-Eastern part of Nigeria, several members of the Armed Forces pay the supreme prize for the nation to survive.

It is for this reason that a special way of ensuring that discipline and justice are maintained in the Armed Forces was crafted. It is in line with the dangers associated with being a soldier and the need to ensure both discipline and justice in the Armed Forces that court-martial was established.

A court-martial is a special court meant for only persons who are subject to military law, i.e. members of the Armed Forces and civilians working with military units on active service. The early concept of courts-martial was that of a court of discipline rather than a court of justice. The quality of decisions that were handed down in those days was draconian in nature and without regard for justice. 

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