PROCEDURE FOR TRIAL AND COURT MARTIAL Flashcards
(34 cards)
What are the two types of Courts Martial recognized by the AFA CAP A20 LFN 2004?
General Courts Martial and Special Courts Martial
What are the main differences between General and Special Courts Martial?
The differences include:
* Level at which they are convened
* Rank of the accused
* Nature of offence and prescribed punishment
* Composition, size, and rank of membership
Who can convene a General Courts Martial (GCM)?
The following persons:
* President and Commander in Chief
* Chief of Defence Staff
* Chief of Army Staff (COAS)
* General Officers Commanding (GOCs)
* Brigade or corresponding commanders
What is the minimum composition of a General Courts Martial?
At least 8 members, including:
* A President
* Four members
* A waiting member
* A Liaison Officer
* A Judge Advocate who must be a lawyer
What is the jurisdiction of a fully composed General Courts Martial?
It extends to a death penalty, unless the membership is less than 7
Who can convene a Special Courts Martial (SCM)?
The following persons:
* Persons who can convene a GCM
* Commanding Officer or corresponding commander
* Commander of a detached sub-unit authorized by ASA in special circumstances
What is the minimum composition of a Special Courts Martial?
At least 6 members, including:
* A President
* Two members
* A waiting member
* A Liaison Officer
* A Judge Advocate who must be a lawyer
What powers does a Special Courts Martial have?
It has the powers of a GCM, except it cannot impose a death sentence and cannot impose a sentence exceeding one year if it consists of only 2 members
Who cannot be members of a Court Martial?
The following individuals:
* The officer who convenes the Court Martial
* The commanding officer of the accused
* Any officer who has investigated the charge or acted in an inquiry related to the charge
What are the duties of a convening officer for a Court Martial?
Duties include:
* Ensuring the charge discloses an offence
* Ensuring sufficient evidence for trial
* Deciding the type of Court Martial based on various factors
What information must be given to an accused before a trial by Court Martial?
The accused must receive:
* A copy of the charge sheet
* Names and ranks of court members
* Explanation of charges and rights
* Opportunity to prepare defense
True or False: An accused can represent themselves or be represented by a defending officer or counsel.
True
What marks the opening of a court session in a Court Martial?
The appearance of the accused
What is the process if an accused objects to a member of the Court Martial?
The objection should be based on reasonable grounds, and if upheld, a qualified waiting member may replace the objected member
What is the purpose of arraignment in a Court Martial?
To formally read the charges to the accused and allow them to plead
What happens at the end of a trial in a Court Martial?
The court announces its findings, which may include a guilty or special finding subject to confirmation
What are the consequences for civilians who fail to comply with a Court Martial summons?
They may be arraigned before a High Court of Nigeria for contempt
What must happen after a Court Martial finds an accused guilty?
The records of the proceedings must be transmitted within 60 days to the confirming authority
What must happen after every trial where the court finds the accused guilty?
The records of the proceedings must be transmitted to the confirming authority within 60 days
This is to confirm the finding and sentence of the Courts Martial on that charge.
What happens if the record of proceedings is not transmitted within 60 days?
The accused shall be released from custody unconditionally, pending confirmation or review.
What is the role of the confirming authority?
To confirm the finding or sentence of a Courts Martial.
Who can act as a confirming authority when the accused is a warrant officer or below?
The Chief of Army Staff (COAS).
Who acts as the confirming authority if the accused is a commissioned officer?
The Army Council.
What happens to a death sentence passed by a Courts Martial?
It shall not be carried into effect unless approved by the President.
