AN ANALYSIS OF THE APPLICATION OF THE DOCTRINE OF COMPACT UNDER THE NIGERIAN MILITARY LAW

ABSTRACT
 
 
This research titled: Analysis of the Doctrine of Compact under the Nigerian Military Law is concerned about the legal status of a soldier upon joining the military profession on the one hand, and his contract of service to the state on the other hand. The soldiers compact spelt-out his right privileges, liabilities and limitations. He is expected to perform his constitutional roles to the state in accordance to rule of law and International acceptable standard. The importance of the military profession in the development of a state cannot be over emphasized because no nation in the world today can develop without peace and stability. The primary role of the military is to ensure peace and stability through performance of their constitutional roles. It is in line with the important constitutional roles of the military that the Constitution of Federal Republic of Nigeria established the Armed Forces of Nigeria namely; Nigerian Army, Nigerian Navy and Nigerian Air force with their specific roles to the country. These constitutional roles of the soldier to the state is subjugated to military, civil and international law. However, it has been observed that there are problems in the application of military law to the soldier which range from the abused of human rights to inconsistencies of the military law with the constitution. The aim of the research work is to analyzed the legal status of the soldier under military law, civil law, and international law. In achieving this the objective is evaluating the extend of the application of military law, civil law and international law of the soldier in terms of his rights, duties, privileges and limitations. This research work adopts the doctrinal research methodology. The sources of information relied upon include relevant Textbooks, Statutes, Articles in Journals, Case Law, Internet Materials, Newspapers and Conference Papers. The research work finds that the Military Law and Military Justice System are not inconformity with democratic rules and the spirit of the constitution which has largely been the challenges of the Military Justice System in the Administration of Military Justice. The research concludes by recommending that the Military Justice System should be reformed to be inconformity with democratic rules and the constitution so as to correct the inconsistencies that infringes on human rights of service personnel. It also recommended for the reformed of the Armed Forced (Disciplinary Proceedings) (Special Provisions) Act which is discriminatory to service personnel and as well legalized double jeopardy in its provisions. Finally, it is recommended the need for soldiers to be educated at the point of joining the military service on their legal status, so as to help in upholding the law and preserving human rights by service personnel.
TABLE OF CONTENTS
Title page – – – – – – – – – – i
Declaration – – – – – – – – – – ii
Certification – – – – – – – – – – iii
Dedication – – – – – – – – – – iv
Acknowledgements – – – – – – – – – v
Table of Statutes – – – – – – – – – vii
Table of Cases – – – – – – – – – – ix
Abbreviations – – – – – – – – – – xii
Table of Contents – – – – – – – – – xv
Abstract – – – – – – – – – – xvii
CHAPTER ONE: GENERAL INTRODUCTION
1.1 Background to the Study – – – – – – – 1
1.2 Statement of Research Problem – – – – – – 6
1.3 Aim and Objectives of the Research – – – – – – 7
1.4 Scope of the Research – – – – – – – – 8
1.5 Research Methodology – – – – – – – 8
1.6 Literature Review – – – – – – – – 9
1.7 Justification of the Research – – – – – – – 14
1.8 Organizational Layout – – – – – – – 15
CHAPTER TWO: CONCEPTUAL CLARIFICATIONS OF KEY TERMS
2.0 Introduction – – – – – – – – – 18
2.1 Concept of a Soldier (His Rights, Duties and Privileges) – – – 18
2.2 Nature, Scope and Sources of Military Law in Nigeria – – – 28
2.3 The Legal Status of the Nigerian Soldier – – – – – 39
2.4 Meaning, Nature and Scope of Nigerian Law (Applicable to the Soldier) – 43
2.5 Nature, Purpose and Scope of International Law (Applicable to the Soldier in
Peace and Conflict Situations)- – – – – – – 47
CHAPTER THREE: LEGAL FRAMEWORK FOR THE APPLICATION OF THE
DOCTRINE OF COMPACT UNDER THE NIGERIAN MILITARY LAW
3.0 Introduction – – – – – – – – – 54
3.1 The Development of Military Law in Nigeria – – – – 55
3.2 The Development of the Doctrine of Compact in Nigeria Military Law – 58
3.3 Application of the Doctrine of Compact – – – – – 71
3.4 The Application of Doctrine of Compact in Relation to Fundamental
Rights of a Soldier – – – – – – – – 76
3.5 The Application of Doctrine of Compact in Relation to Civic
Rights of the Soldier – – – – – – – – 98
3.6 The Application of Doctrine of Compact in Internal Military Operations – 104
3.7 The Application of Doctrine of Compact in International Military Operations – 121
3.8 The Application of Doctrine of Compact in Relation to Fundamental
Objectives and Directive Principles of State Policies on the Soldier- – 150
CHAPTER FOUR: COMPONENTS OF LAW ENFORCEMENT OF THE DOCTRINE
OF COMPACT IN NIGERIAN MILITARY JUSTICE SYSTEM
4.0 Introduction – – – – – – – – – 158
4.1 Reporting Complaint to the Commanding Officer – – – – 158
4.2 Complaints and Instituting of Action in Civil Court by a Soldier – – 159
4.3 Power of the Police to Arrest and Detain a Soldier in Custody – – 162
4.4 Power of the Military police to Arrest and Detain a Soldier in Custody – 164
4.5 Avenues Open to Commanding Officer to Investigate Cases – – 165
4.6 Charges and Basic Rules for Drafting Charges – – – – 168
4.7 Summary Trials – – – – – – – – 176
4.8 Court Martial Trials – – – – – – – – 181
4.9 Review of Summary Trials – – – – – – – 187
4.10 Power of Command – – – – – – – – 189
4.11 Confirmation of Sentence of a Court Martial – – – – – 193
4.12 Appeals from Court Martial to Civil Courts – – – – – 203
4.13 Constitutional Safeguard for Fair Hearing in a Court Martial in Nigeria – 214
4.14 The Need to Reform the Military Justice System in Nigeria – – – 228
CHAPTER FIVE: SUMMARY AND CONCLUSION
5.1 Summary – – – – – – – – – 237
5.2 Findings – – – – – – – – – 238
5.3 Recommendations – – – – – – – – 240
5.4 Conclusion – – – – – – – – – 241
Bibliography – – – – – – – – – 245