Military Law (55)
HELD:
"Section 169(1) of the Armed Forces Act specifically provides that:
HELD:
"Section 169(1) of the Armed Forces Act is a special provision not found in the Criminal Code or the Penal Code.
HELD:
"A criminal offence is committed once the elements constituting that offence are completed. It is for this principle and jurisprudence that it is usually said that "time does not run against the Crown" (State).
HELD:
"The General Court martial (GCM) is a creation of the Armed Forces Act and its authority to adjudicate over specified crimes derived therefrom and it is not unlimited.
HELD:
"The Appellant, in this case, was tried and convicted of prohibited dealings in ammunition and disobedience to standing orders.
HELD:
"The provisions of the statute establishing the Court of the General Court - Martial dealing with the constitution of the Court are Sections 129 and 133 of the Armed forces Act Cap A20 Laws of the Federation 2004 where sub-Sections (1), (2) and (3) of Section 133 state- 133:
HELD:
"...The law on the effect of any General Court -Martial not properly constituted had long been well settled by this Court in the case of State v. Olatunji (2003) 14 NWLR (Pt.839) 138 at 161 where Kalgo JSC said:-
HELD:
"A General Court-Martial, as the authorities cited by the learned Counsel to the respondent has shown is not a regular Court established under Section 6(1)-(5) of the 1999 Federal Constitution as amended.
COURT MARTIAL - Whether the Evidence Act applies to proceedings before a field General Court Martial
HELD:
"Therefore this appeal shall be determined having regard to its provisions.