CRITICAL ANALYSIS OF THE MILITARY JUSTICE SYSTEM IN NIGERIA

CRITICAL ANALYSIS OF THE MILITARY JUSTICE SYSTEM IN NIGERIA

GENERAL BACKGROUND OF THE STUDY

Over the ages, man has always lived together and interacted in one form or the other with one another. These interactions have become more complex and sophisticated with the evolution of modern societies and organizations. The competing demand for scarce resources and self-actualization which sometimes put man in confrontation with one another1 hence, the necessity for the regime of law to curb man‟s existence, and ensure a peaceful society2.

Law, as defined by Black‟s Law Dictionary is a rule of law conduct, procedure or custom, recognized by a community as binding or enforceable by authority3. Although, it is difficult to have a definition of law that is all encompassing and generally accepted, this definition has been adopted because it captures the essence of this research. There is no objective organization or community that has no set or body of laws which regulate the conduct of the society and ensure the greatest good for the greatest number if strictly and impartially enforced. It also creates social stability and harmonious living.

The concept of justice is also closely related to the strict application of law. Justice has been defined by the Encarta Dictionary as Fairness or reasonableness especially in the way people are treated, decisions are made and Law enforced4 Thus, justice encourages the maintenance and administration of fairness, the impartial adjustment of conflicting claims and assignment of rewards and punishments5. The notion of justice is embedded in the administration of criminal justice system. The criminal justice system is the procedure saddles with the efficient application and just adjudication of all violations of the law in an organization6. It is concerned with the judicious and procedural application of law without fear, favour or affection.

The rule of law on the other hand is the foundation for liberty and order7. It emphasizes the supremacy of due process. It respects all and allows us to organize our lives, plan our future and resolve disputes in a rational way; it also forbids arbitrariness. The rule of law ensures that the guilty should not go unpunished8.

One of the tenets of the rule of law is that a man must not be punished without due trial. However, some people are of the opinion that the rule of law is not compatible with the military system9. Dressler, SP quoting Charles De Gaulle, stated that, “Those who of their own volition joined the military have mortgaged their liberty and the right to choose where to go and what to do”.10 However, while the military tenets demand total obedience to orders, authority and hierarchy, it is not true that the notion of justice fair play and the rule of law are alien to the military.

TOPIC: CRITICAL ANALYSIS OF THE MILITARY JUSTICE SYSTEM IN NIGERIA

Chapters: 1 - 5
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Number of Pages: 80

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