INTRODUCTION

1. The book, ‘Introduction to Military Law Practice and Procedure’ is authored by Col Bernard Uwabughichi Okorie, (rtd). The author served as a military lawyer for 28 years before his retirement. The 133-page book is divided into 3 major parts, namely; the introduction of the practice and procedure, court martial, and summary trial play lets. The language and style of the author are simple, straight forward and easy to understand, as expected in military writings. This abstract will cover major highlights of the book itself especially issues that need the attention of commanders and potential commanders in the field and military lawyers for an improvement of what is currently obtainable in the military justice system.

PRACTICE AND PROCEDURE

2. The discussions on practice and procedure are centered on chapter 2 of the book which comprises paragraphs 1-66. In this part of the book, the author points out some of the problems that made the Nigerian Army to lose some cases at the National Industrial Court of Nigeria with regard to summary trials. For instance, at para. 7 (b), he reminds commanders that terms of reference for a Board of Inquiry or Regimental Inquiry should not refer to any person appearing before it to testify as an accused rather all are witnesses. He states further that Board of Inquiry (BOI) and Regimental Inquiry (RI) reports are not to be used in trials except where it is necessary to contradict a perjured testimony as provided for in Section 172 of the AFA. He equally elaborates on how and when to take summary and abstract of evidence which are key to a successful summary trial. The explanation is contained on pages 22 to 23 of the book.
3. The author reiterates at para. 10(v) of the chapter 2 that a commander at any level should not write ‘guilty’ or ‘not guilty’ on a charge sheet where the accused service personnel is to be referred to a higher authority after trial, as that would portray bias and would infringe on the fair hearing of the accused person while being tried by the higher authority. He also reminds commanders to restrict the punishment they award, to their power of command. At para 11 (c), he gives an example that it is wrong for a commanding officer to demote a Sgt by one step as provided for, in Section 116 (1) (b) of the AFA and dismiss the soldier as a Cpl during the same trial. At para.26, the author responds to critics who do not believe that a court martial cannot avoid being biased because the Military hierarchy appoints court members, judge advocate and prosecutors. He equates the court martial system to the Nigerian judicial system where the President, c-in-c appoints the Chief Justice of Nigeria (CJN) and the Attorney General of the Federation though on the recommendation of the National Judicial Council and it is the CJN who selects justices of the Supreme Court to adjudicate on matters even concerning the Government. The issue of some lawyers rushing to the Court of Appeal before the conclusion of court martial trial and confirmation thereof was raised at para.53, chapter 2 of the book and resolved that such an effort is in vain as the Court of Appeal will only adjudicate on a court martial trial after the completion and confirmation of the judgment by the confirming authority. The correct sitting arrangement of court martial members while in session is also given at the same para.
4. The 8-day report while service personnel are detained beyond 8 days seem to have been forgotten by commanders but this book reiterates the importance on para. 54 as provided for, by Section 122 of the AFA. It reiterates that such 8-day report shall continue to be made until a court martial is convened or the suspect is released from custody. However, the total period for such further detention should not exceed 90 days. This is in line with Constitutional provision with regard to detention. It equally points out at para.54 (f) that except in very serious cases such as murder, manslaughter, mutiny, treason or other offences punishable with death or life imprisonment, a detainee should not be held in shackles. The book, on page 65 reminds those who doubt about the method of evidence used in courts martial, that the rules of evidence observed in proceedings before a court martial shall be the same as those observed by criminal courts in Nigeria, in line with Section 143 (1) of the AFA.

COURT-MARTIAL AND SUMMARY TRIAL PLAYLETS

1. The court martial and summary trial Playlets are the most outstanding aspects of this book. This appears to be the only book on Nigerian military justice system in Nigeria that has Playlets to illustrate these trials. They are captivating and appear to be live. Anyone who has been taking part or has watched a court martial proceeding, and summary trial proceeding, will see the reality in the Playlet. It is very didactic and can serve as a simple guide to anyone who wants to embark on any of the trial types. It can serve as a practical guide to commanding officers who often conduct summary trials. The playlets are also capable of removing doubt and fear from commanding officers who do not want to conduct trials for fear of getting it wrong. Each of the playlets is discussed subsequently.
2. Court-Martial Playlet. The court martial Playlet following immediately after chapter 2 of the book is that of a special court martial. It has 18 characters comprising the President, 3 court members, Judge Advocate, Waiting Member, Liaison Officer, prosecutor, one accused and verbatim recorders among others.  Typical of a court and to ensure fair hearing, the accused officer, a 2/Lt objected to the membership of a Major in the court martial, for being the OC of the unit that earlier investigated the case. This is a good example of fair trial measures in the military trial. The President and members considered the objection raised by the accused and saw that it had merit. They therefore upheld the objection and the Major was changed. The court martial therefore ran its normal course through examination in chief, cross examination, closing address of the prosecution and that of the defence, judge advocate’s sum up, deliberations on finding, announcement of the finding, allocutus, deliberation on sentence and announcement of sentence. Besides this evidence of fair hearing in courts-martial procedures, the courts-martial playlet seeks to emphasize that seniors should never check their subordinates by physical touch.
3. Summary Trial Playlet. The summary trial playlet which follows after the court martial is made up of 9 characters comprising the CO, Adjt, RSM, Orderly Sgt, accused, escort to the accused and bugler, among others. It contains 3 scenes, representing the 3 stages of the trial, beginning from the taking of the summary of evidence, filing of all the necessary forms, conduct of the trial, verdict and conclusion of the trial. It simply represents the return to regimentation which should not only be studied but be adopted by all commanders. A ringing theme of the Summary Trial Playlet is that fraternization undermines discipline and combat readiness of a military unit. E.g., the accused refused to go to guardroom because the Orderly Sgt who borrowed N50,000.00 from him and is yet to pay him has no moral authority to send him to guardroom at a time the Orderly Sgt. is expected to pay him back. It explains to civilian colleagues the rationale behind criminalizing the act of borrowing from a Junior in the military (see Capt Asake Vs NA). Secondly, the Summary Trial Playlet rationalizes fraternization as an offence at Section 80 of the AFA, as the Orderly Sgt shielded DW2 from guard duty irrespective of lack of manpower in the unit; the Orderly Sgt began to detail her on guard duty when she resolutely rejected his proposal to marry him as a second wife. The completion of Army Form A4 and A19 helps to exonerate the NA from allegation of not following the prescribed procedure, during the review of such trials by the National Industrial and other courts. The sample of the Forms to be filled in a normal summary trial at different stages are also contained in the book.

CONCLUSION

7. The book ‘Introduction to Military Law Practice and Procedure in Nigeria’ in addition to practically explaining the conduct of courts martial and summary trials in Nigeria, provides scenarios that are easily understood. The book will serve as an excellent companion for every commander or potential commander as well as for every military lawyer for quick reference. A study of the book simply calls on the military to completely embrace professionalism with regard to trials, especially in complying with the completion of all the necessary forms needed to be completed in summary trials. Non completion of these forms has made the Nigerian Army to lose many cases at the civil courts as completion of the forms is the way to prove that the prescribed procedure was followed. The book stands out as the most practical book written on military law in Nigeria in recent times. It is purely in tune with the vision of the Chief Of Army Staff, which is “To Have a PROFESSIONALLY RESPONSIVE Nigerian Army in the discharge of its constitutional roles”.