CRITICAL APPRAISAL OF COURT MARTIAL CASES AT APPELLATE COURTS IN NIGERIA 1990- 2014

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.³  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.