LEGAL PRINCIPLE: MILITARY LAW — Courts Martial — Oath of Members — Single Oath Sufficient for Multiple Trials on Same Day
PRINCIPLE STATEMENT
Admitted that section 137 made provision for the members to swear before the trial, it is my opinion and I hold that where the court had heard several trials previous or preceding the one for which the appellant had complained of on oath taking, the inference is that the court might have taken the oath previous to the new trial.
RATIO DECIDENDI (SOURCE)
Per Pats-Acholonu, JSC, in Obisi v. Chief of Naval Staff (2004) NLC-1572002(SC) at pp. 7–8; Paras E–B.
"Admitted that section 137 made provision for the members to swear before the trial it is my opinion and I hold that where the court had heard several trials previous or preceding the one for which the appellant had complained of on oath taking, the inference is that the court might have taken the oath previous to the new trial."
EXPLANATION / SCOPE
Where a court martial has conducted multiple trials on the same day, a single oath taken before the first trial suffices for subsequent trials. The principle applies to military law and court martial procedure. The court may infer that members remained sworn for later trials. The rule prevents unnecessary repetition of oath-taking. The absence of fresh oath for each trial does not invalidate proceedings. Substantial compliance with the oath requirement is sufficient.
