DHQ Moves To Harmonise Court Martial Procedures, End Inconsistencies In Military Justice System

The Defence Headquarters (DHQ) has announced plan to end inconsistencies in military justice system by harmonising court martial procedures across the Services in line with the nation’s justice system.

The Chief Defence Staff (CDS), General Christopher Musa, while speaking at the opening ceremony of conference on Rules of Procedure, Substance Abuse and Sexual Orientation in the Armed Forces of Nigeria in Abuja, said differences in extant Rules of Procedure for administration of justice in the Armed Forces across the Services created inconsistencies in the administration of military justice.

General Musa, represented by the Chief of Defence Administration, Rear Admiral Monday Unurhere, said Nigeria’s contemporary operating environment was awash with multiple administrative challenges with telling consequences for military effectiveness.

He, however, said given that discipline is the bedrock of the military, the DHQ’s responses to the challenges, especially in relation to how it regulates the conduct of personnel, requires added impetus.

He said: “accordingly, the Defence Headquarter jumped at this opportunity to develop a comprehensive approach to harmonizing the Rules of Procedure for court martial, addressing issues of substance abuse and homosexuality within the Services.

“Notably, differences in extant Rules of Procedure for administration of justice in the Armed Forces across the Services create inconsistencies in the administration of military justice.”

“These inconsistencies are further deepened by fragmentation and obsolescence of aspects of the Rules. Consequently, it has become expedient to review the extant Rule of Procedure with a view to eliminating conflicts by harmonizing the application of justice and enforcement of discipline in the Armed Forces of Nigeria,” he said.

General Musa noted that the Armed Forces of Nigeria were not spared from growing global debates on substance abuse and homosexuality.

“Evidently, the responsibility of outlining clear policies and guidance in handling these matters whilst administering our personnel cannot and must not be shirked. This is more so considering the massive negative effects these twin issues could have on morale and operational effectiveness. Mindful of the need for a nuanced approach to addressing the intersection of substance abuse and sexual orientation in the military context, this conference was equally conceived to discuss and proffer practical way forward on both challenges,” he added.

He expressed confidence that the Conference would foster engaging dialogues, vibrant exchange of ideas towards generating bespoke and enduring solutions that will strengthen justice and discipline within the Armed Forces of Nigeria.

The Director, Legal Services, Army, Lt-Col SO Okebukola, in his presentation titled ‘Rules of Procedure (Army) Relations to Court Martial and Summary Trial in the Nigerian Army’, said the Nigerian Army relies on imported Royal British Army rules to court martial its personnel.

Represented by the Chief of Staff, Legal Services, Lt-Col. Chukwudi Okonkwo, said some obsolete materials imported were not applicable to the Nigerian criminal justice system.

He, therefore, recommended that, “All references to obsolete foreign materials as highlighted which are not suitable to the Nigerian criminal justice system should be expunged and replaced with pertinent policies relevant to the AFN Criminal Justice System.

“Plea bargaining procedure should be incorporated into the Rules of Procedure.”