CONSTITUTIONAL LAW — Fundamental Rights — Fair Hearing — Military Personnel Entitled to Constitutional Protection
Ratio Decidendi
Per Oguntade, JSC, in Nigerian Army v. Aminun-Kano (2010) NLC-123-243-2008(SC) at p. 36; Paras A–B:
"A judgment, whether in the Military or Civil Courts which does not; ex-facie show the basis of a pronouncement of a guilty verdict on a citizen of Nigeria is in my view an infraction of the citizen's right to Fair Hearing. Being a serving member of the armed forces does not exclude a citizen from protection of the Fundamental Rights entrenched in the 1999 Constitution of Nigeria."
Explanation / Scope
This principle establishes that military personnel are entitled to constitutional protection of fundamental rights, including fair hearing. The principle applies where military judgments are challenged. It ensures that military personnel are not deprived of constitutional protections. The principle reflects that fundamental rights apply to all citizens. It prevents military courts from violating fair hearing. The court must ensure compliance with constitutional standards. The principle provides guidance on the rights of military personnel.