Who may convene a court martial

Practice flashcards covering the convening authorities, legal procedures, sentencing rules, and judicial precedents for Nigerian court martials.

Who is authorized to convene a special court martial?

The president, the chief of defense staff, the service chiefs, a general officer commanding (brigader general, a colonel, or lefterman colonel), or an officer for the time being acting in place of these officers.

Who is authorized to convene a general court martial?

The president, the chief of defense staff, the service chief, the general officer commanding, a brigadier commander, or a corresponding commander.

According to Nigerian Air Force versus Obiosa, can the power to convene a court martial be delegated?

Yes, the power may be delegated to another officer.

What are the requirements for a convening order according to Nigerian army against James versus James?

The power to convene is delegable, the order must be in writing and to his superiority, though it can be done orally if it is put in writing before the hearing.

What is required when the power to convene a court martial is delegated to a person of a lower rank?

It must be accompanied by a letter expressing why a person of a lower rank was delegated.

Under Section 174(1)(a) of the CFRN, what power does the Attorney General (AG) have in a court martial?

The AG cannot institute or discontinue any matter and has no prosecutorial powers in a court martial.

According to Section 130(4)(1) of the Armed Forces Act, what restriction is placed on the convening officer?

The officer convening shall not be the president or member of a court martial.

How is the verdict or decision of a court martial determined?

By the majority of votes of members.

What happens if there is an equality of votes on the findings according to Section 140(2) of the Armed Forces Act?

The accused shall be acquitted.

What occurs if there is an equality of votes on the sentence according to Section 140(5) of the Armed Forces Act?

The president shall have a second or casting vote.

Under what condition is a death sentence effective following a conviction?

The sentence shall not have effect except there is concurrence of the members.

What forms of punishment are included in the scale under Section 118 of the Armed Forces Act?

Death sentence, imprisonment, dismissal with disgrace, reduction in rank, and fine.

What is the membership requirement for a general court martial to impose a death sentence?

It shall not impose a death sentence if it consists of less than seven members.

What are the sentencing limitations for a special court martial consisting of only two members under Section 130 of the Armed Forces Act?

It shall not impose a sentence which exceeds imprisonment for a term of one year or of death.

According to Yakubo versus chief of naval staff, who must sign and date the court martial decision?

The president of the court martial and judge advocate must sign and date the decision at the time of delivery; failure to do so renders the decision void.