DISCIPLINARY POWERS OF COMMANDERS

Question 1

What is the primary objective of Military Law?

Answer 1

To provide for the maintenance of discipline and good order among the troops, and administrative matters.

Question 2

What powers do commanders have under Military Law?

Answer 2

Graduated powers to investigate charges and deal with offenders summarily or through Courts Martial.

Question 3

What is the significance of Sections 115 - 117 of the AFA CAP A20 LFN 2004?

Answer 3

They outline the disciplinary powers of commanders.

Question 4

What is the role of a commander when an offence is reported?

Answer 4

The commander shall investigate the charge in the prescribed manner.

Question 5

What happens if a commander is the only material witness in a case?

Answer 5

The accused may be attached to another unit for the purpose of the investigation.

Question 6

What actions can a commander take after investigating an offence?

Answer 6

Summarily deal with the charge, refer it to ASA, or have it tried by a Courts Martial.

Question 7

What does ‘summary dealing with a charge’ refer to?

Answer 7

The commander or ASA taking actions such as dismissing the charge, determining guilt, recording a finding of guilty, and awarding punishment.

Question 8

What punishments can a Company Commander award?

Answer 8

• Confinement not exceeding 7 days
• Extra duties not exceeding 7 days
• Admonition

Question 9

What additional powers does a Battalion Commander have?

Answer 9

• Fine not exceeding N500.00
• IHL up to 28 working days in the unit guardroom
• Reduction in rank

Question 10

What is the role of a Brigade Commander in disciplinary matters?

Answer 10

Can convene both General and Special Courts Martial and confirm findings or sentences.

Question 11

What powers does a General Officer Commanding (GOC) have?

Answer 11

• Fine not exceeding N2,000.00
• Forfeiture of pay not exceeding 60 days
• Can convene Special and General Courts Martial

Question 12

What is a key contradiction regarding the powers of the GOC?

Answer 12

The GOC can try MWO and above but cannot punish a WO whom he has no jurisdiction to try.

Question 13

What powers does the Chief of Army Staff (COAS) possess?

Answer 13

• Can convene General and Special Courts Martial
• Review findings or sentences of Courts Martial

Question 14

What right do commissioned officers have when facing summary trial?

Answer 14

They have the right to elect to be tried by Courts Martial.

Question 15

Which charges cannot be dealt with summarily according to Sect 124 (6) (a) of AFA?

Answer 15

Charges under Sects 45, 46, 47, 48, 51, 52, 53, 65, 66, 67, 69, 70, 71, 72, 73, 75, 76, 83, 88, 91, and 93.

Question 16

What is the power to condone an offence?

Answer 16

A commander can condone an offence, meaning the accused shall not be liable to be tried by a Courts Martial.

Question 17

What does the acronym CO stand for in the context of military offences?

Answer 17

Commanding Officer

The Commanding Officer has the authority to pardon offences under certain circumstances.

Question 18

What is the time limit for a petition to review a summary finding or award according to Sect 147 (1) of AFA CAP A20 LFN 2004?

Answer 18

One month

The petition must be submitted no later than one month after the finding and award.

Question 19

Under what condition can an offence be deemed pardoned by the CO?

Answer 19

With knowledge of all circumstances leading to the offence

The CO or an authorized officer must be aware of the circumstances for the offence to be pardoned.

Question 20

What are some of the disciplinary powers exercised by Commanding Officers?

Answer 20

Investigating charges, disposing charges summarily, condoning offences, reviewing findings and awards, confirming awards by Courts Martial

These powers are outlined in AFA CAP A20 LFN 2004.

Question 21

What happens if a charge is not dismissed after being dealt with summarily?

Answer 21

ASA may review the finding or award

ASA can quash or vary the award based on the merit of the petition.

Question 22

True or False: Commanding Officers have unlimited powers to enforce discipline.

Answer 22

False

The disciplinary powers of Commanding Officers are restricted and vary according to AFA CAP A20 LFN 2004.

Question 23

Fill in the blank: The disciplinary powers of Comds vary according to the instrument _______.

Answer 23

[AFA CAP A20 LFN 2004]

Question 24

What sections of AFA CAP A20 LFN 2004 detail the powers of Command?

Answer 24

Sections 115 – 117

These sections provide specific details about the powers of command related to discipline.

Question 25

What is the role of ASA in relation to summary findings?

Answer 25

To review findings or awards upon a petition

ASA can quash or vary the award if the petition’s merit is established.

Question 26

What action can a Comd take if a case cannot be dealt with summarily?

Answer 26

Refer the charge to ASA or arrange for a Courts Martial

This ensures that more serious cases receive appropriate judicial handling.

Question 27

What document should candidates consult for further reading on military offences and discipline?

Answer 27

AFA CAP A20 LFN 2004 and Rules of Procedure (Army) 1972, Rules 7-13

These documents provide additional guidance and rules regarding military disciplinary procedures.