LEGAL PRINCIPLE: MILITARY LAW — General Court Martial — Power to Convene May Be Delegated by Appropriate Superior Authority
PRINCIPLE STATEMENT
The appropriate superior authority may authorise a relevant senior officer to order a court martial. Section 131(3) of the Armed Forces Decree provides that a senior officer of a detached unit may be authorised by the appropriate superior authority to order a court martial in special circumstances. Service Chiefs are appropriate superior authorities.
RATIO DECIDENDI (SOURCE)
Per Uwaifo, JSC, in State v. Onyeukwu (2004) NLC-772001(SC) at p. 16; Paras C–E.
"The appropriate superior authority may authorise a relevant senior officer to order a court martial. The authorisation given to Air Commodore Ajobena by the Chief of Air Staff was proper and I hold that the GCM was validly convened. The court below was therefore in error to have held otherwise having failed to consider and apply the import of the provision of subsection (3) of section 131 of the Armed Forces Decree No. 105 of 1993 which is that: '(3) 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.' Such appropriate superior authority includes Service Chiefs of which the Chief of Air Staff is one."
EXPLANATION / SCOPE
The power to convene a General Court Martial may be delegated by the appropriate superior authority. Section 131(3) of the Armed Forces Decree permits authorisation of senior officers of detached units. The principle applies to military law. Service Chiefs are appropriate superior authorities. Delegation must be in special circumstances as provided. The validity of court martial depends on proper authorisation.
