LEGAL PRINCIPLE: MILITARY LAW — Court Martial — Convening of General Court Martial — Delegation of Power — Section 286 of Armed Forces Decree 1993
PRINCIPLE STATEMENT
Under section 286 of the Armed Forces Decree 1993, an instrument signifying an order and purporting to be signed by an officer authorised shall be accepted by all courts as sufficient evidence, unless the contrary is proved.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Nigerian Air Force v. Obiosa (2003) NLC-3612001(SC) at pp. 17–18; Paras A–C.
"An order or a determination by an officer of the Armed Forces or service authority may, unless otherwise prescribed by rules or regulations made under this Decree, be signified under the hand of an officer authorised in that behalf, and an instrument signifying the order or determination and purporting to be signed by an officer stated therein to be so authorised shall, unless the contrary is proved, be accepted by all courts and persons as sufficient evidence accordingly."
EXPLANATION / SCOPE
Delegated authority is presumed from a signed instrument. The principle applies to military law. The burden shifts to the challenger. The rule ensures administrative efficiency. The court will accept the instrument as sufficient evidence. The principle is statutory.