AN OVERVIEW OF THE COURT-MARTIAL STRUCTURE AND PROCESS UNDER THE NIGERIAN MILITARY JUSTICE SYSTEM
The military justice system exists to deal with members of the armed forces who commit crime or a disciplinary violation. The Court-Martial is for many the most familiar aspect of the military service justice system. It has global jurisdiction over all service personnel and civilians subject to service discipline and hears all types of criminal cases including murder and other serious offences. The court-martial is an ad hoc standing court. The jurisdiction of the military courts is established when the court is properly convened. The aim of this paper is to bring to fore the law, practices and procedures of courts-martial under the Nigerian military justice system. It is the argument of the paper that despite being a military court, court-martial’s rules and procedures are very similar to those in civilian criminal court trials. It is the finding of the paper that the power to review bestowed on Reviewing Authority does not amount to double jeopardy, except that it is contrary to fair trial and a breach on the independence and impartiality of court-martial. It is recommended that among its various procedures, revision of findings of courts-martial which is a breach of the rule of functus officio be expunged from the AFA. The paper concludes that AFA makes adequate and comprehensive provisions for the trial of military offences.
Keywords: courts-martial, double jeopardy, military justice, Nigerian military justice system, reviewing authority
