THE NIGERIAN CONSTITUTION Flashcards
What is the primary purpose of military law in the Nigerian Army?
To promote good order, high morale, and discipline through the administration of military justice.
What is a Constitution?
A document having a special legal sanctity which sets up the framework of the principles or main organs of a state.
What distinguishes a written constitution from an unwritten constitution?
A written constitution is found in a single document, while an unwritten constitution cannot be pinpointed to one single document.
What is referred to as ‘The Grand Norm’?
The Constitution, as it is the most authoritative legal document on which the legality of other laws is based.
What does the supremacy clause of the 1999 Constitution state?
This Constitution is supreme and its provisions shall have a binding force on all authorities and persons throughout the Federal Republic of Nigeria.
In what year was the 1999 Constitution of Nigeria established?
1999.
Define military law in the restricted sense.
A system of law which governs the Army of a state enabling discipline to be maintained through trials and punishments by military tribunals.
Define military law in the comprehensive sense.
An embodiment of customs and military traditions, as well as rules enacted for the maintenance of discipline and control of service personnel.
What is the Armed Forces Act Cap A20 LFN 2004?
It is the law governing all services of the Nigerian Military, providing for offences, corresponding penalties, arrests, investigations, and court-martial trials.
List three sources of military law.
- 1999 Constitution of Nigeria
- Legislative enactments
- Accepted military customs
What does Section 217 of the Nigerian Constitution establish?
The establishment of the various branches of the Armed Forces and their specific tasks.
What is the legal status of a soldier in Nigeria?
A soldier is a citizen who enjoys rights of citizenship but is also bound by military duties and obligations.
True or False: A soldier can appeal to civil courts for military discipline issues.
False.
What must a soldier do when given a lawful order?
Carry out the order as long as it is within the instruction given.
What kind of orders must soldiers not obey?
Unlawful orders or commands which are contrary to the laws of the military, state, or other statutory authority.
