CHAPTER ONE
- BACKGROUND TO THE STUDY
The Armed Forces of Nigeria like those of other countries of the world are created to defend the country from external aggression and maintain her territorial integrity. They are also created to secure her borders from violation on land, sea or air and to suppress insurrection and act in aid of civil authorities.1 These functions form part of vital interests that are linked with the survival of the country. During wars and internal insurrections as currently experienced in North Eastern part of Nigeria, several members of the Armed Forces pay the supreme prize for the nation to survive. It is for this reason that a special way of ensuring that discipline and justice are maintained in the Armed Forces was crafted.
It is in line with the dangers associated with being a soldier and the need to ensure both discipline and justice in the Armed Forces that court martial was established. A court martial is a special court meant for only persons who are subject to military law, ie members of the Armed Forces and civilians working with military unit on active service.2 The early concept of courts martial was that of a court of discipline rather than a court of justice. The quality of decisions that were handed down in those days was draconian in nature and without regard for justice.3Â The importance of ensuring quick dispensation of justice to the members of the Armed Forces may have informed the provision in the Constitution of the Federal Republic of Nigeria (CFRN) 1999, barring the Attorney General of the Federation4 and of the States5 respectively from instituting and undertaking criminal proceedings in courts martial. The interpretation of quick dispensation of justice in courts martial has however made many commanders who convene courts martial to look more on discipline than on justice which is the main essence of any court of law, courts martial inclusive. A court martial has the status of a High Court in Nigeria as appeals over decisions of courts martial lie to the Court of Appeal with the leave of the Court of Appeal.6 It is only in a case where a court martial awarded a death sentence that the leave of the Court of Appeal is not required.7 Out of about 40 studied cases that have left courts martial to appellate courts in Nigeria, about 70 percent of them have been upturned.8 This situation may have justified the negative name and impression many people have about courts martial. For instance, Chiefe while citing Bishop Jnr in describing a court martial said that:
