2022 NBA-SLP Conference: Private Lawyers Can Participate In Military Court Martials — Panel

In time past, the workings and internal modalities of military court Martials in Nigeria has been veiled in ambiguity with many controversies arising from the modus operandi of these courts. In recent times, the numbers of reported trials by these Martial Courts have been on the rise, thereby rebirthing questions about their operations and procedures. Some of these questions include the right of private legal practitioners to appear in Court Martials and the legal framework guiding the Courts in general.

These questions and more formed the thrust of a  3-man panel session, chaired by a Judge of the Federal High Court in the Federal Capital Territory, Hon. Justice Olukayode Adeniyi, at the ongoing NBA Section on Legal Practice Annual Conference holding in Asaba to explore these and other issues around military justice, sanctions and discipline.

The panel comprised of Brigadier-General Seidu Musa, who gave the lead presentation; the retired Colonel Bamidele Oguntayo, a Fellow of the Nigerian Defence Academy who has served at various times as a prosecutor, defence counsel and judge advocate at various court-martials; and Dada A. Awosika, a

In his lead presentation, Brig. Gen. Musa outlined the evolution of the court-martial as a component of military law and justice in Nigeria, culminating in its present incarnation, the Armed Forces Act of 1993 (as amended).  He went on to describe the various types of court martial systems and the respective jurisdiction of each one; not always a function of geographical or geopolitical location, he pointed out, but usually of command structure, except in a small number of exceptions. He went on to outline the respective powers of military brass (with ultimate power resting in the President of the Republic in his capacity as the Commander in Chief of the Nigerian Armed Forces) to set up a court-martial, and its usual composition.  These powers, Gen. Musa asserted, are delegable, adding that a court Martial’s jurisdiction is coordinate with that of the Federal High Court.

Also speaking, Col. Oguntayo (rtd.), was keen to emphasize the concept of civilian control over the military, as he pointed out that its personnel are not insulated from the laws governing the rest of the citizenry as enshrined in the nation’s Constitution. This provision, he said, is the leeway that allows civilian legal practitioners to participate in court martials in various capacities.

The rules regarding such participation were further expounded upon by the learned Senior Advocate, Mr. Oguntayo, who spelt out other modalities which, when put together, can make for a potentially rewarding intervention in court martials by civilian legal personnel.