LEGAL PRINCIPLE: CRIMINAL PROCEDURE — Jurisdiction of Court Martial — Persons Subject to Service Law — Terminal Leave
PRINCIPLE STATEMENT
Officers on terminal leave are regarded as being in service until after the expiry of their terminal leave. By section 169(2), they are subject to service law and liable to be tried by court martial within three months after discharge.
RATIO DECIDENDI (SOURCE)
Per Kalgo, JSC, in State v. Olatunji (2003) NLC-2062001(SC) at pp. 14–15; Paras E–A.
"Exhibit 66 discharged the respondent and the other officers mentioned therein, with effect from 27th April, 1996, exhibit 67 granted the same officers terminal leave expiring on 31st May, 1996. This also means that the officers will be regarded as being in service until after the expiry of their terminal leave. By section 169(2) the respondent and other officers shall be subject to service law and liable to be tried by GCM within 3 months after their discharge. … From the record of appeal, it is abundantly clear the respondent was arraigned before the GCM and his plea taken on 27th July, 1996. … Therefore he was subject to service law when his trial commenced on 27th July, 1996."
EXPLANATION / SCOPE
Officers on terminal leave remain subject to service law. The principle applies to military law. They can be tried by court martial within three months of discharge. The rule ensures accountability. The court martial has jurisdiction. The principle is well-established.