conviction was not confirmed by the relevant confirming authority and as such is illegal and amounts to a nullity. Consequently, the Applicant approached this Court to adjudge that his arrest, detention, trial, conviction and subsequent dismissal by the Respondent is illegal, ultra vires, null and void and contravenes the provisions of Article 6 of the African Charter, Principle 2 of the Body of Principles for the Protection of all Persons under Any form of Detention or Imprisonment, Principles 3, 4, 9 and 39 of the Body of Principles of the Protection of All Persons under any form of Detention or imprisonment . The Respondent did not put up a defense in rebuttal to the claims of the Applicant. 39.The following sections of the Armed Forces Act (AFA) Cap A20. Laws of the Federation of Nigeria (LFN) are relevant in determining the issue raised above. 40.Section 68 (1)(a) of the Armed Forces Act provides, “A person subject to service law under this Act who loses a public or service property of which he has the charge or which forms part of the property of which he has the charge or which has been entrusted in his care, is guilty of an offence under this section and liable, on conviction by a court-martial to imprisonment for a term not exceeding two years or any less punishment provided by this Act.” 41.Section 148 of the Armed Forces Act also provides that any finding of guilt and sentence for a criminal charge by a court-martial must be transmitted to the confirming authority for confirmation of the finding and sentence. It also provides in Subsection (2) that “where the record of proceedings of a courtmartial… are not transmitted within sixty days as aforesaid, and the accused remains in custody, he shall be released unconditionally pending such confirmation or review.” It further states that until the required confirmation is 15

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