Military Law (55)
HELD:
"I must point out here that the military Court martial is unlike the conventional Court, courts Martial operate a criminal procedure akin to jury trial.
HELD:
"The appellant was charged under section 62 of the Armed Forces Decree No. 105 of 1993.
HELD:
"Section 62 (b): A person subject to service law under this Act who- (b) Neglects to perform or negligently performs, a duty of any description, is guilty of an offence under this Section and liable, on conviction by a Court martial, to imprisonment for a term not exceeding two years or any law punishment provided by this Act."
HELD:
"On the constitution and jurisdiction of a Court Martial,Section 133 (1) of the Armed Forces Act, LFN, 2004, provides:
HELD:
"It is not in any dispute that the GCM, which tried, convicted and sentenced the Appellant, derived its jurisdiction from the provisions of the Armed Forces Act, which empowers the Governing Authority to convene General Court Martial for the purposes of trying person who are subject to Military Law, as Officers and Men of the Nigerian Military.
HELD:
"Now, by Article 1602 of BR 11 Manual of Naval Law, it states as follows:
HELD:
"I have taken a cursory look at the Record of Proceedings.
HELD:
"In the case of O.T. Onyeukwu v. The State (2000) 12 NWLR (Pt.681) 256 @ 266 C.A. also cited and relied on in the respondent's brief.
HELD:
"Section 81 of the Decree provides in part: "(1) A person subject to service law under this Decree who (a) has carnal knowledge of a person against the order of nature, or is....guilty of an offence under this section."
HELD:
"123 Before an allegation against a person subject to service law under this Decree (in this section referred to as the "accused") that he has committed an offence under a provision of this Decree is further proceeded with, the allegation shall be reported, in the form of a charge, to the commanding officer of the accused and the commanding officer shall investigate the charge in the prescribed manner".