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
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