NIGERIAN COURT OF APPEAL’S CASE JUDGMENT ANALYSIS: PRIVATE HARUNA INUSA V NIGERIAN ARMY APPEAL NO. CA/K/467/C/2018

Abstract

The Armed Forces Act, Chapter A20 Laws of the Federation of Nigeria 2004, is an Act of the National Assembly that encompasses Laws that guide members of the Armed Forces of Nigeria, made up of the Nigerian Army, Nigerian Navy and Nigerian Air Force. It forms the major part of military law in Nigeria. Though members of the Armed Forces are bound by the doctrine of compact which makes them to be bound by both civil and military laws, they are usually prosecuted in courts martial when they commit offences, relying mainly on the Armed Forces Act. Unlike other laws in Nigeria, the Armed Forces Act in Section 169 provides for limitation of trial of other offences after three years of commission except for mutiny, failure to suppress mutiny or desertion. This became a problem as some accused persons who committed some grievous offences like murder tried to frustrate trial until after three years and when brought to court martial, such accused persons would simply plead time bar and cite Section 169 of the Act and they would be discharged and acquitted as the court martial would not have jurisdiction in that situation. That is the problem that brought about this article. 1 Division of the Nigerian Army Legal Services thought outside the box in this case and charged the accused outside the Act, using Penal Code Law instead and in a move that changed the Law, Court of Appeal confirmed the judgment of the court martial and retained the conviction and sentence of the accused which has now opened a new chapter of Military Law in Nigeria. Doctrinal and teleological research methods were used in this work. Doctrinal by referring to the law report and teleological as the writer supervised this particular prosecution at the court martial. The work found that thinking outside the box brought about the success and that thereare other parts of the Armed Forces Act that need to be amended either through the legislature or through the courts. The article recommends that prosecutors in military courts should embrace the method of finding new ways to solve these kinds of problems and that some sections of the Armed Forces Act should be amended.