LEGAL PRINCIPLE: MILITARY LAW — Court Martial — Convening of General Court Martial — Authority of Service Chief to Delegate
PRINCIPLE STATEMENT
The senior officer of a detached unit, establishment or squadron may be authorised by the appropriate superior authority to order a Court Martial in special circumstances.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in Nigerian Air Force v. Obiosa (2003) NLC-3612001(SC) at p. 36; Paras A–C.
"The senior officer of a detached unit, establishment or squadron may be authorised by the appropriate superior authority to order a Court Martial in special circumstances."
EXPLANATION / SCOPE
Service chiefs may delegate authority to convene courts martial. The principle applies to military law. Delegation is permissible in special circumstances. The rule ensures operational efficiency. The court will uphold valid delegation. The principle is well-established.