CRIMINAL PROCEDURE — Double Jeopardy — Condonation Defined for Service Law
Ratio Decidendi
Per Muhammad, JSC, in Nigerian Army v. Aminun-Kano (2010) NLC-123-243-2008(SC) at p. 16; Paras B–C:
"Condonation... means a victim's express or, especially implied, forgiveness of an offence by treating the offender as if there had been no offence."
Explanation / Scope
This principle defines condonation as express or implied forgiveness of an offence, treating the offender as if no offence occurred. The principle applies in military law. It ensures that condonation is properly understood. The principle reflects that condonation is a form of forgiveness. It prevents subsequent punishment after condonation. The court must recognize condonation where it occurs. The principle provides guidance on the meaning of condonation.