AN ANALYSIS OF THE COMPLIANCE OF COURTS MARTIAL IN THE NIGERIAN MILITARY WITH THE RIGHT TO AN AUTONOMOUS AND UNBIASED TRIBUNAL

Abstract

This paper critically examined the compliance of the courts martial in Nigerian Military to the right to an autonomous and unbiased tribunal. Courts martial in Nigeria appear not to have the fundamental criteria necessary to ensure the right to an autonomous and objective tribunals. Courts martial in Nigeria significantly do not meet the fundamental criteria necessary for ensuring the right to an impartial and autonomous body. Firstly, they lack enough protections to ensure their institutional autonomy, particularly from the military hierarchy. Secondly, the judge advocates assigned to courts-martial lack sufficient security of tenure. The judge advocates, prosecutors, and all staff of the courts martial are selected by the very same convening authority and lack financial security. Fourthly, they are likewise governed by military discipline, assessment, and their career advancement. Furthermore, often the members of the courts martial, including the president, lack the necessary legal expertise to adjudicate difficult matters. To rectify these shortcomings, several recommendations are proposed, including the removal of the authority to appoint judge advocates and court members from a single individual, the appointment of civilian judges to preside over courts martial to be assisted by military assessors among others.