Military Law (55)
HELD:
"Section 91 of the Armed Forces Act Cap A2028 (supra) reads thus: "91. Scandalous Conduct of Officer:
HELD:
"The learned authors of Black's Law Dictionary, 9th edition, pages 292-293 and page 1448 have also defined a "code", "code of conduct", "rule of law" and "Manual" as follows:
HELD:
"The inclusion of a military police officer in the membership of the general Court martial violates Rule 23 of the Rule of Procedure (Army) 1972 which expressly excluded the inclusion of members of the provost staff or officers of the Royal Military Police from serving as members of Court martial.
HELD:
"Who are members of a Court martial?
HELD:
"In the instant case, a major PJO Bojie and a major R. J. Diri sat as substantive members of the Court Martial that tried the appellant.
HELD:
"In LIEUTENANT YAHAYA YAKUBA V. CHIEF OF NAVAL STAFF (2004) NWLR (PT.853) 94 AT 114-115 PARAS A-B, the Court held amongst others held:
HELD:
"The disturbing question to ask here is: When does the finding or conclusion or decision of the GCM qualify as a judgment of the GCM.
HELD:
"...The law on this as provided by Paragraph 43 of the Manual of Military Law provides as follows:
HELD:
"I agree with the position taken by the Respondents that the General court martial is like the jury while the Judge advocate deals with the issues of law.