The pace of development of military law practice in recent times has brought it to lime light that it is an area of law that needs more vocal attention at the undergraduate level. It is however unfortunate that military law is not being taught as a course in any Nigerian University, not even as an optional elective course. It is true that military law is only applicable to persons subject to service law. However, when persons subject to service law are dissatisfied with the judgement of a court-martial, they go to the Court of Appeal as the court-martial has the same ranking with a state high court.
Examining what military law is about, although this write up cannot thoroughly cover its whole scope, but I will briefly give a skeletal analysis. It is a matter of jurisprudence that any instruction or directive that has a sanction can be referred to as law. One of the primary sources of military law is the Armed Forces Act Cap A20 LFN 2004 (Hereinafter referred to as AFA). Looking at the AFA, the offences contained therein can basically be categorized into two. These are: Military and Civil Offences.
Generally, Section 45 to 103 of AFA contains Military offences, though some with civil nature. They are termed military offences because they are unique offences only in the military. For example, Section 50 as to Offences in Relation to Sentry, Section 56 deals with Disobedience to particular Orders. All these can only be committed in the course of military duty, whereas, all the crimes contained from Section 104 to 114 of the AFA are termed civil offences. It is not that they do not carry criminal sanction. These are termed civil offences because they have similar nature with criminal offences a civilian can commit in either the Criminal Code or Penal Code as the case may be. For example, Assault, Robbery, Arson, etc.
Going further on the need to be abreast with the military law, there are rules which are applicable in the dispensation of military justice in the court-martial. The Rules of Procedure Army 1972 is a procedural rule that is applicable in the court-martial. This rule together with the Manual of Military Law need thorough study to understand more about military law.
Be that as it may, the court-martial is as a well a public court depending on the nature of each case. Civilian lawyers are allowed to appear for military personnel. This is a constitutional right to a counsel of own choice as enshrined in the constitution of Nigeria. Thus, it is observed with due respect that some of the civilian lawyers are not that familiar with military procedures. With due respect to the Nigerian Law School, the only point I was taught as to military trial was the types of court-martial, composition of court-martial and convening authority. It is humbly submitted that military law is more than that as it also relates to not only court-martial proceedings but also summary trial proceedings.
In view of the forgoing, it my humble position that the National Universities Commission and the Council of Legal Education should give more academic attention to the area of military law as a course of study at the undergraduate level, even if as an optional elective course. It is believed that there are some law students who are aspiring to be military lawyers and also some learned seniors and colleagues now in practice that would have chosen military law as a course in their university days.
Finally, with the trend with which military law is developing in Nigeria, there is the need for more academic researches, scholastic positions and judicial decisions, which can only be achieved when there is good foundation, built in the Nigerian Law students and given the passion to do more comparative military law studies with other developed countries.
. Akinlade is an Instructor at the Nigerian Army School of Legal Services, Basawa, Zaria, Kaduna State.
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