MILITARY COURTS (SPECIAL POWERS) ACT

An Act grants special powers to military courts for trying serious offences in specific circumstances. It targets military personnel and command authorities. This maintains discipline when civilian courts are inaccessible.

What Is This Policy?

An Act granting special jurisdiction and powers to military courts for trying specific categories of serious offences during defined circumstances, particularly where civilian courts may not be adequately accessible.

Who Does It Target?

Persons subject to military court jurisdiction Nigerian Armed Forces command authorities Ministry of Defence Courts adjudicating jurisdictional challenges

What Does It Aim to Achieve?

Provide military courts with defined special powers necessary for maintaining discipline and trying specific offences in circumstances where normal court processes are inadequate.

Key Features

Special Jurisdiction: Defines the categories of offences within the special powers jurisdiction. Enhanced Powers: Grants courts additional powers during defined emergency circumstances. Procedural Provisions: Prescribes the procedures to be followed in special powers proceedings. Rights Protection: Maintains minimum procedural rights for accused persons.

Current Status

Rollout Stage: Limited active application Coverage: Armed Forces and applicable civilians Beneficiaries: Military justice; discipline Funding: Ministry of Defence

How to Access

Military justice matters: engage Judge Advocate General's Department Application method: Military matters only.

Official Resources

Website: https://www.defence.gov.ng Contact: Ministry of Defence — Judge Advocate General

Legal Framework

Enacted under the legislative powers of the National Assembly vested by Section 4 of the 1999 Constitution. Operates alongside the Armed Forces Act Cap A20 LFN 2004, the Constitution of Nigeria (provisions on state of emergency), the Military Justice Act, and the Administration of Criminal Justice Act 2015 where applicable.