VIOLATION OF FUNDAMENTAL RIGHT OF LEGAL REPRESENTATION FOR NIGERIAN SOLDIERS IN SUMMARY TRIAL; NEED FOR REFORM

Abstract

The Nigerian Army just like any other Army in the world is a profession of Arms. It is created by the
Constitution and its duties as well discipline well spelt out by the same Constitution2. But being a solider
does not rob a Nigerian citizen his fundamental right, bearing in mind that, the Nigerian Army is bound
by the provisions of the Constitution.3 In Oladele v Nigerian Army, 4 the Court of Appeal held that; the
Nigerian Army is bound by the provisions of the Constitution.5 In the military, summary trial serves a of
disciplinary measure by which a Nigerian soldier is tried for criminal allegations. It is a trial conducted
by only an officer for quick dispensation of military justice. The power to conduct a summary trial in the
Nigerian Army is vested on the company commander6, Battalion Commander,7 Brigade Commander8 and
General Officer Commanding9 or their equivalent. Any of the aforementioned Officers can award
degree of punishments during summary trial ranging from imprisonment in the guardroom with hard
labour, confinement, reduction in rank or outright dismissal from service among others. Summary trial is
one officer’s business in administration of military justice without legal representation for a soldier
standing trial10. This research is aimed at exposing such denial of a legal representation for soldiers
standing summary trial, which is an outright violation of their right of counsel of their choice in criminal
proceedings as enshrined in section 36(6)(c) of the Constitution.11 The research arrived at a conclusion
and also proffered a legal solution