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MILITARY LAW > PROCEDURE FOR TRIAL AND COURT MARTIAL > Flashcards

PROCEDURE FOR TRIAL AND COURT MARTIAL Flashcards

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1
Q

What are the two types of Courts Martial recognized by the AFA CAP A20 LFN 2004?

A

General Courts Martial and Special Courts Martial

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2
Q

What are the main differences between General and Special Courts Martial?

A

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

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3
Q

Who can convene a General Courts Martial (GCM)?

A

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

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4
Q

What is the minimum composition of a General Courts Martial?

A

At least 8 members, including:
* A President
* Four members
* A waiting member
* A Liaison Officer
* A Judge Advocate who must be a lawyer

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5
Q

What is the jurisdiction of a fully composed General Courts Martial?

A

It extends to a death penalty, unless the membership is less than 7

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6
Q

Who can convene a Special Courts Martial (SCM)?

A

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

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7
Q

What is the minimum composition of a Special Courts Martial?

A

At least 6 members, including:
* A President
* Two members
* A waiting member
* A Liaison Officer
* A Judge Advocate who must be a lawyer

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8
Q

What powers does a Special Courts Martial have?

A

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

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9
Q

Who cannot be members of a Court Martial?

A

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

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10
Q

What are the duties of a convening officer for a Court Martial?

A

Duties include:
* Ensuring the charge discloses an offence
* Ensuring sufficient evidence for trial
* Deciding the type of Court Martial based on various factors

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11
Q

What information must be given to an accused before a trial by Court Martial?

A

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

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12
Q

True or False: An accused can represent themselves or be represented by a defending officer or counsel.

A

True

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13
Q

What marks the opening of a court session in a Court Martial?

A

The appearance of the accused

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14
Q

What is the process if an accused objects to a member of the Court Martial?

A

The objection should be based on reasonable grounds, and if upheld, a qualified waiting member may replace the objected member

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15
Q

What is the purpose of arraignment in a Court Martial?

A

To formally read the charges to the accused and allow them to plead

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16
Q

What happens at the end of a trial in a Court Martial?

A

The court announces its findings, which may include a guilty or special finding subject to confirmation

17
Q

What are the consequences for civilians who fail to comply with a Court Martial summons?

A

They may be arraigned before a High Court of Nigeria for contempt

18
Q

What must happen after a Court Martial finds an accused guilty?

A

The records of the proceedings must be transmitted within 60 days to the confirming authority

19
Q

What must happen after every trial where the court finds the accused guilty?

A

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.

20
Q

What happens if the record of proceedings is not transmitted within 60 days?

A

The accused shall be released from custody unconditionally, pending confirmation or review.

21
Q

What is the role of the confirming authority?

A

To confirm the finding or sentence of a Courts Martial.

22
Q

Who can act as a confirming authority when the accused is a warrant officer or below?

A

The Chief of Army Staff (COAS).

23
Q

Who acts as the confirming authority if the accused is a commissioned officer?

A

The Army Council.

24
Q

What happens to a death sentence passed by a Courts Martial?

A

It shall not be carried into effect unless approved by the President.

25
Q

Name one type of person excluded from being a confirming authority.

A

An officer who was a member of the Courts Martial.

26
Q

What is one power of the confirming authority regarding findings of a Courts Martial?

A

Withholding confirmation if the finding is unreasonable or unsupported by evidence.

27
Q

What can a confirming authority do if they believe the court-martial’s sentence is invalid?

A

Substitute it with a proper sentence that might have been awarded by the court.

28
Q

Fill in the blank: A confirming authority may remit a punishment awarded by the court-martial in _______.

A

whole or in part.

29
Q

What are the two parts discussed in the chapter?

A
  • Procedure for trial
  • Courts Martial
30
Q

What is key in assisting a commanding officer to reach reasonable awards during summary trial?

A

The importance of evidence.

31
Q

What should candidates familiarize themselves with after reviewing the chapter?

A

The judicial court process applicable in the military.

32
Q

What document provides guidance for further reading as referenced in the chapter?

A

AFA CAP A20 LFN 2004.

33
Q

True or False: The confirming authority can refer the finding or sentence to a higher confirming authority.

A

True.

34
Q

What is the significance of the confirming authority’s powers?

A

To ensure justice is served and correct any miscarriages of justice.

MILITARY LAW (9 decks)

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