CRIMINAL PROCEDURE — Double Jeopardy — Condonation by Commanding Officer as Bar to Subsequent Court-Martial
Ratio Decidendi
Per Muhammad, JSC, in Nigerian Army v. Aminun-Kano (2010) NLC-123-243-2008(SC) at p. 15; Paras D–E:
"Where a person subject to service law under this Act... has had an offence condoned by his commanding officer, he shall not be liable in respect of that offence to be tried by a court-martial or to have the case dealt with summarily under this Act."
Explanation / Scope
This principle establishes that condonation of an offence by a commanding officer bars subsequent trial by court-martial for that offence. The principle applies in military law. It ensures that condonation is respected. The principle reflects the protection against double jeopardy in military law. It prevents retrial after condonation. The court must bar prosecution where condonation is shown. The principle provides guidance on the effect of condonation.