These are two independent topics even though they’re published together.
Courts-martial in Nigeria
While every Nigerian is deemed to be subject to the laws of the land as interpreted and sanctioned via judgments of the judicial arm of government, there are cases which would serve as an exception to this rule, one of them being the court-martial procedure which will be the focus of this article by looking at the topics of :-
– The jurisdiction of a court-martial.
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– The types of courts-martial in Nigeria.
– Appeals against judgments of courts-martial in Nigeria.
What is the jurisdiction of a court-martial in Nigeria?
Courts-martial have jurisdiction over people subject to military service and in war conditions. It should be noted that the rank of members of a court-martial shall not be the same or lower than that of the accused.
What is the basic requirement for a court-martial member?
A court-martial member shall not be less than 5 years in military service.
What are the types of courts-martial in Nigeria?
The types of courts-martial in Nigeria are:-
– General courts-martial – made up of a president and not less than 4 members along with a Judge advocate.
– Special courts-martial – made up of a president and at least 2 members along with a Judge advocate.
What are the eligibility requirements for a judge advocate?
A judge advocate who has the dual functions of advising the court-martial as well as the prosecution and defense on legal matters when needed must be:-
- A commissioned military officer who is also a lawyer called to the Nigerian Bar of 3-years post-call standing.
- At least 5 years in the army.
- Subject to service laws of Nigeria.
Who can convene a general court-martial in Nigeria?
A court-martial can be convened by :-
- The president and commander-in-chief.
- The chief of defense staff.
- Service chiefs.
- A General Officer Commanding (GOC).
Where do appeals from the decisions of a court-martial go?
Appeals from the decisions of a court-martial are under the jurisdiction of the Court of Appeal of Nigeria.
Trial Plan Preparation in Nigeria
Trials form the core of courtroom disputes involving contests of facts adduced by opposing parties to a suit, especially in civil litigation matters that are resolved on the basis of where the balance of probability as a standard of proof swings.
This article which be looking summarily at trial plan preparations that typically involve laying out in a tabular format, an anticipated scenario of a courtroom matter, particularly at the trial stage , with a focus on:-
– Competence & Compellability of witnesses.
– Case Theories.
– Examination of witnesses
Who is competent to be called as a witness under Nigerian Law?
Every individual or natural person under Nigerian Law(as against juristic entities) is competent to testify unless the court believes or is convinced that he is unable to :-
– Understand the questions put to him.
– Give rational answers to the questions.
Where exactly does a burden of proof lie in litigation matters?
The burden of proving a fact lies on the party that seeks to rely on it, and who will fail if such evidence is not adduced or put forward. This burden will then swing to the opposing party once it has been discharged. .
Can children be called as competent witnesses?
Children under the age of 14 by virtue of the Evidence Act can testify if :-
– The court determines that he is intelligent enough to understand the questions put to him through the use of preliminary questions.
– Where the child understands the nature and implications of an oath, his testimony will be deemed admissible or deemed as sworn evidence requiring corroboration.
What constitutes the theory of a case?
The theory of a case is developed through :-
– Pre-trial interviews of the accused and his witnesses.
– Examination of pleadings filed .
– A review of all evidence/exhibits.
– Visits to locus where necessary.
What are the procedures involved in the Examination of witnesses?
The examination of witnesses form the main procedure of courtroom trials and is broken down into :-
– Examinations-in-Chief – the examination of a witness by the legal counsel that calls him.
– Cross examinations – the examination of a witness by a party other than the one that called him to the witness box/stand.
– Re-Examinations – the examination of a witness by the party’s legal counsel that initially called him AFTER his cross-examination.
What are the purposes of a witness examination?
Witness examination is aimed at :-
– Introducing undisputed facts into evidence.
– Establishing facts favorable to the client of the examining lawyer.
– Laying foundations for the introduction of exhibits.
– Establishing the credibility of the examining lawyer’s client.