ARREST, INVESTIGATION, TRIAL OF PERSONS SUBJECT TO SERVICE LAW BY CIVIL COURTS IN NIGERIA AND THEIR RIGHT TO ELECT FORUM FOR TRIAL

Abstract

Under the Armed Forces Act Cap A20 Laws of the Federation of Nigeria 2004, persons subject to service law can be tried for two categories of offences: Military offences and Civil offences as defined under the Act. Whereas only the Court-martial can try for both Military and Civil offences, the Civil courts can try a person subject to service law for Civil offences only. The failure of the military to arraign a person subject to service law for a Civil offence will not prevent the Attorney-General of a State or the Attorney-General of the Federation from arraigning the person before the Civil court. Does a person subject to service law have a right of election not to be tried in a civil court for a civil offence? To what extent is the right of election to be tried for an offence a condition precedent to the jurisdiction of the Civil court to try persons subject to service law? Must allegations of commission of an offence be reported to the Commanding Officer before a Civil court can assume jurisdiction in a case against a military offender? This article x-rayed the jurisdiction of Court-martial and Civil courts to try persons subject to service law and the recent case of Brig. Gen. Jafaru Mohammed v EFCC & Ano. which held that a serving military officer cannot be invited, interviewed, interrogated, arrested, tried under general criminal laws of Nigeria, unless he elects the forum for trial. The authors posit that this decision was arrived at per incuriam as it fails to recognise the concurrent jurisdiction of the Court- Martial and the Civil courts to try persons subject to service law for civil offences as provided in the Act.