
doi: 10.2139/ssrn.6544761
This research examined the extent of compliance of trials in the Nigerian in the Nigerian Armed Forces with the principles of fair hearing with a view to making proposals for reforms. The purpose of this research is to explore the legal, procedural and fair hearing challenges involved in the conduct of military trials in the Nigerian Armed Forces and to suggest possible solutions to the identified legal lacunae. Summary and courts martial trials are the two principal means of enforcing discipline and justice in the Nigerian Armed Forces. It is a fact that the conduct of these trials is fraught with fair hearing debacles and violation of the principles of natural justice. The process in which military trials are set up, organized and conducted in the Nigerian Armed Forces does not guarantee fair hearing and fair trial of an accused soldier. For Instance, the power to conduct these trials lies with command appointment holders. In so doing, the commander or convening authority has enormous powers to investigate allegation of crimes, prefers charges and try the accused soldier summarily or refer him for a trial by a court martial as the case maybe. In practice, summary trials are usually rushed and conducted under tensed atmosphere wherein the accused soldier is usually not represented by a counsel during summary trials. In relation to courts martial, the same authority that convenes the court, assembles all the court members, appoints the judge advocate including the prosecutor and administers the court. This procedure of concentrating the exercise of these vital powers in a single individual in the administration of military justice in the Nigerian Armed Forces poses serious legal issues that could promote negative command influence, absence of independent and impartial disposition of the trials and flagrant disregard to the principles of natural justice. This work therefore, recommended that the powers to convene, appoint and select the members of the court martial in the Nigerian Armed Forces should be removed from a single individual and if possible from the military chain of command, the powers to investigate allegations of crime should be removed from the military commanders and should be given to an independent Corps of Military Police of the respective service of the Nigerian Armed Forces. Military trials should be conducted in line with the principles of natural justice and all the laid down legal procedures applicable in criminal trials among other things.
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