MUTINY: COURT MARTIAL (NIGERIAN ARMY)

Twelve Nigerian soldiers have been sentenced to death by military authorities, five discharged and acquitted while one was found absence without official leave thereby sentenced him to two years in prison without labour.

These soldiers had on may 14^th revolted against remuneration and lack of sophisticated weapon
to fight Boko Haram sect, they lost their cool after seeing the corpse of some of their colleagues killed by Boko Haram men. They immediately opened fire on their GOC, who escaped the attack.

The decision of the court martial has raised controversies especially among the civilians who feel the sentence is too harsh considering the role the military has played and still playing in fighting this Boko Haram.

For the benefit of those who are just hearing court martial, mutiny, those who feel they should be tried in high court of state or federation, we shall be educating you on everything you need to know about court martial.

This act is called Mutiny, Mutiny is an act of rebellion against established authority, especially the armed forces.

Court Martial is a judicial court established for trying members of the armed services accused of offences against the military law. This court is empowered to determine the guilt of members of the armed forces subject to military law, and if the defendant is found guilty, to decide upon punishment. The Armed Forces Decree NO.105 Of 1993 (now Act) by virtue of its section 129 established two types of court martial, which are the General Court Martial and the Special Court Martial.

Who may convene a Court Martial?

 By virtue of section 131 of the Armed Forces Act, A president, two other members, a waiting member, a liaison officer and a judge advocate. A judge advocate shall be any person that is qualified to practise as a legal practitioner in Nigeria with at least three years post call experience, a person may not be appointed as a member of court martial unless he is subject to the service law and has been an officer in any of the services of the armed forces for a period of not less than five years.

The president of the court martial shall not be under the rank of major.

Those that can be tried in court Martial

Army , Navy, Air force services.

Court Martial’s jurisdiction over offences

Section 45-114 of the Armed Forces Act list offences that can be tried by court Martial, these offences maybe criminal or civil offences, they are Aiding the enemy, cowardly behaviour, Mutiny, Insubordination, Absence from duty, Malingering and drunkenness’, navigation and flying offences, sodomy, sexual relationship with the spouse of service personnel, rape and carnal knowledge, irregular arrest and confinement, disgraceful conduct by an officer.

Decision/Judgement in Court-Martial

The court martial can only impose a sentence of death when it consists of at least seven members. The decision of the court- martial is by simple majority of the members of the court except the Judge Advocate, in case of equality of votes the court shall acquit the accused person. The decision of the court martial is subject to confirmation by the convening officer.

What are the options available to the officers sentenced to death?

A death sentenced cannot be executed without the approval of the President and Commander in chief of the Armed forces, President Goodluck Jonathan in this case. Also by virtue of Section 202 of the Armed Forces Act 1993 any party to the proceedings of Court Martial who is aggrieved by the decision of the court could exercise the right of appeal. This is the decision of the court in NIGERIAN AIRFORCE V. SHEKETE.

Thank you.

Oyenike Alliyu-Adebiyi LLB(hons)BL