CHAPTER ONE
GENERAL INTRODUCTION
1.1 Background to the Study
This study deals with how the soldier is subjected to tripartite laws namely: military law, civil law and international law. The soldier upon acquisition of military status, did not only subject himself to a tripartite legal status, but also added onto himself additional legal responsibilities distinct from the civilian. The English Court in confirmation of the above fact, said a soldier does agree and consent that he shall be subject to the military discipline and cannot appeal to the civil courts to rescue him from his own compact.1 The English court decision is no different with the legal status of a soldier in Nigeria except that during the military rule, application of civil laws in the case of the soldier was restricted. The advent of the military into political arena in Nigeria, application of civil laws on the soldier was restricted. Various military decrees promulgated during the first and second phases of military rules in Nigeria prevented the soldier from appealing the decisions of courts martial to the court of Appeal.2 The decrees provided that all cases of appeal from courts martial pending before the court of Appeal should abate.3 The respective service councils of the armed forces shall hear and determine appeal from courts martial as the final body.4 This was the position of the soldier‟s legal status under the military administration in Nigeria.
The transition of Nigeria from military rule to a democratically elected government on 29th May, 1999, has not only generated far reaching implications on the political, social and economical sectors but has equally implemented the hitherto tripartite legal status of the soldier.
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