NIGERIAN ARMY (COURTS-MARTIAL) (APPEALS) RULES OF COURT 1961

NIGERIAN ARMY (COURTS-MARTIAL) (APPEALS) RULES OF COURT

1961

Commencement: 1st July, 1961

 

1. These Rules may be cited as the Nigerian Army (Courts-Martial) (Appeals) Rules of Court.Short title
2. In these Rules, unless the context otherwise requires- “appellant” includes a person who has applied for leave to appeal; “the Court” means the Court of Appeal; “the Act” means the Nigerian Army Act; “exhibits” means all documents and things which have been produced and used in evidence at a trial by court martial, whether they are attached to the proceedings of the court martial or not; “the Registrar” means the Chief Registrar of the Court; “the respondent” means the Attorney-General of the Federation.Interpretation.
3. (1) A person desiring to appeal to the Court against his conviction by a court-rnartial shall give notice of appeal or notice of application for leave to appeal in Form 1 or Form 2 set out in the First Schedule hereto and shall answer the questions and comply with the requirements set forth therein.

(2) A notice of appeal or of application for leave to appeal and any other notice required or authorised to be given to the Court under these Rules shall be signed by the appellant or by his legal representative: Provided that notice of abandonment shall, subject to the provisions of paragraph (2) of Rule 6 hereof, be signed by the appellant himself.

(3) A notice of appeal or of application for leave to appeal, and any other notice required or authorised to be given to the Court under these Rules, shall, subject to paragraph (4) of this rule, be addressed to the Registrar.

(4) In any of the circumstances specified in the first column of the Second Schedule hereto, any application or notice which is required or authorised to be given to the Court under these Rules may be lodged with the person specified in relation to these circumstances in the second column of that Schedule

(5) Where an appellant, or any other person required or authorised to make an application or give any notice for the purpose of these Rules, is unable to write, he may affix his mark thereto, in the presence of a witness who shall attest the same, and thereupon such application or notice shall be deemed to be signed by the appellant.

Application for leave to appeal and notices. 
4. A notice of application to the Court for an extension of time within which to make application for leave to appeal, shall be in Form 3 set out in the First Schedule hereto and shall be sent to the Registrar.Extension of time. 
5. (1) Where an application has been dealt with by a single Judge in exercise of the powers of the Court under section 146 of the Act, the Registrar shall notify the appellant of the decision.

(2) If the judge refuses an application on the part of the appellant to exercise in his favour any of the powers prescribed in section 146 of the Act, the appellant may make a requisition in terms of the said section within ten days from the date on which he receives a notification under paragraph (1) of this rule and such requisition shall be made in Form 4 set out in the First Schedule hereto.

(3) A judge who has refused an application to exercise the powers of the Court under section 146 of the Act may sit as a member of the Court determining such application.

Application to single Judge.
6. (1) An appellant may, at any time after he has given notice of appeal or of application for leave to appeal, abandon his appeal by giving to the Registrar notice of abandonment thereof in Form 5 set out in the First Schedule hereto

(2) Where it is contended that the appellant is insane, a notice of abandonment may be given and signed by the legal representative.

Abandonment of appeal. 
7. Where in accordance with section 137 of the Act, an appellant desires to present his case in writing the form to be given shall be the Form 1 or Form 2 set out in the First Schedule hereto.Presentation of appeal in writing. 
8. (1) The Registrar, on receipt of a notice of appeal or of application for leave to appeal under the Act, shall request the Commander to forward to him the proceedings of the court martial and any petition presented by the appellant praying that his conviction be quashed.

(2) After an application is finally refused or is withdrawn or the appeal is determined or abandoned the proceedings of the court-martial and any petition shall, subject to any order which the Court may make, be returned by the Registrar to the Commander.

(3) A copy of any document which is required for the use of the Court may be made by such person and in such manner as the Commander may direct.

Courts martial proceedings.
9. (1) At any time after the Registrar has received a notice of appeal or of application for leave to appeal, an appellant or the respondent may, subject to the provisions of these Rules, obtain from the Registrar copies of any document in his possession for the purpose of the appeal

(2) Copies of any documents shall be supplied by the Registrar to the appellant at a charge not exceeding 10 kobo per folio of seventy-two words.

Copies of proceedings, etc.
10. (1) Subject to rule 11 of these Rules, any document or exhibit forwarded to the Registrar for the purpose of an appeal or application shall, pending the determination of the appeal or application, be open, as and when the Registrar may arrange, for inspection by the appellant or the respondent.

(2) Subject to the provisions of rule 11 of these Rules, the Court may, at any stage of an appeal, whenever it thinks it necessary or expedient in the interests of justice so to do, order any document, exhibit or other thing connected with the proceedings to be produced to the Registrar or before it by any person having the custody or control thereof.

(3) After an application is finally refused or is withdrawn, or the appeal is determined or abandoned, documents and exhibits shall, subject to any order which the Court may make, be returned by the Registrar to the person who produced or forwarded them.

(4) Service of any order made under this rule shall be personal service unless the Court otherwise orders.

Documents and exhibits.
11. (1) If the President or any other person authorised by him in that behalf certifies that, for reasons of security, the whole or part of the proceedings of the court-martial or other document, exhibit or other thing ought not to be disclosed otherwise than to the Court, or ought only to be disclosed subject to certain conditions specified by the person who so certifies, the Registrar shall, notwithstanding any provisions of these Rules to the contrary, not permit inspection or supply a copy thereof without an order of the Court which may direct upon what conditions, if any, inspection shall be permitted or a copy supplied.

(2) Nothing in these Rules shall affect any rule of law which authorises or requires the withholding of any document or the refusal to answer any question on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest.

Security of documents, etc
12. (1) An order of the Court that a witness shall attend and be examined shall be in Form 6 set out in the First Schedule hereto and shall specify the time and place at which such witness shall attend.

(2) Such an order may be made on the application at any time of the appellant or the respondent, but if the appellant is in custody and is not legally represented, the application shall be made by him in Form 7 set out in the First Schedule hereto.

(3) Service of any order required by this rule to be given to any witness shall be personal service, unless the Court otherwise orders

Witnesses. 
13. (1) The Registrar shall keep a register of all cases in which he shall receive a notice of appeal or of application for leave to appeal under the Act, and such register shall be open for public inspection in such place and at such hours as the Registrar, subject to the approval of the Court, shall decide.

(2) The Registrar shall also publish a list of appeals and applications which the Court may consider on the days on which the Court, as constituted for the hearing and determination of appeals under the Act, shall sit, and shall cause such list to be published at such times and in such places and in such a manner as he, subject to the approval of the Court, shall think convenient for giving due notice to any parties interested therein of the hearing of the cases in such list by the Court.

Register and cause list.
14. Where an appellant is in custody and has obtained leave to be present at the hearing and determination of his application or appeal, or at any stage thereof, the Registrar shall notify the appellant, the person in charge of the place where the appellant is confined, and the Commander or the Director of Prisons, as the case may be, of the probable date thereof.Presence of appellant at hearing.
15. (1) On the final determination of any appeal or of any application, the Registrar shall, unless it appears to him unnecessary to do so, give to the appellant, the respondent, and, where the appellant is in custody, to the person in charge of the place where he is confined, written notice of the determination.

(2) In the case of an appeal against a conviction involving sentence of death, the Registrar shall, on receiving a notice of appeal, send a copy thereof to the President and, on the final determination of an appeal, shall forthwith give written notice to the appellant and to the President and to the person in charge of the place where the appellant is confined.

Notifying results of appeals, etc.
16. (1) Where any property or money has been ordered to be restored or handed over under the provisions of section 122 of the Act, and the operations of the order has been suspended under subsection (9) of that section, unless the property is in the custody of the Registrar, the authority which made or confirmed the order shall cause it to be kept in safe custody for the period during which the operation of the order is suspended.

(2) Any person in whose favour or against whom an order has been made under the section referred to in the preceding paragraph of this rule, and, with the leave of the Court, any other persons, shall on the final hearing by the Court of the appeal against the conviction on which such order was made, be entitled to have any representations that he or they may make considered by the Court before any order is made under paragraph (d) of subsection (9) of section 122 of the Act.

Restitution order
17. In any proceedings before the Court, any of the following persons may address the Court

(a) a legal practitioner retained by or on behalf of the appellant; and

(b) the appellant, if he has the leave of the Court to be present;

(c) the respondent or his representative.

Right of audience.
18. Non-compliance with these Rules by an appellant shall not prevent further prosecution of his appeal, unless the Court otherwise directs; and the Registrar shall forthwith notify the appellant of any directions given by the Court under this rule, where the appellant was not present at the time when such directions were given.Non-compliance with Rules.
19. The performance of any duty imposed upon any person under the Act or these Rules may be enforced by order of the Court.Enforcement of duties.

FIRST SCHEDULE

Nigerian Army (Courts-Martial) (Appeals)
Rules of Court

FORM 1(Rule 3)

TO THE CHIEF REGISTRAR OF THE COURT OF APPEAL
NOTICE OF APPEAL FROM DECISION OF COURTS-MARTIAL INVOLVING SENTENCE OF DEATH
Name of Appellant.. …………………………….Number…………………………………….
Unit………………………………………………….Rank ……………………………………….

Convicted by court-martial held at. …………………………..

Offence of which convicted ……………………………………..

Sentence ……………………………………………………..

Date when finding promulgated …………………………..

Name of prison or place of detention1……………………

I, the above-named appellant, hereby give you notice that I desire to appeal to the Court of Appeal against my conviction on the following grounds. 2

(Signed) 3 …………………………………………..(Appellant)
DATED the 4…………….. day of ………………..19 ……….

Questions 5Answers
1. Is any legal practitioner now acting ………………………….
for you? If so, give his name and …………………………
address.

2. Do you desire to be present when
the Court considers your appeal? …………………………..

  1. Do you desire to apply for leave
    to call any witness on your appeal? ……………………………

If your answer to this question is “Yes”, you must fill in Form 7 and send it with this Form.

  1. If not in custody set out appellant’s address in full.
    2. Here set out clearly and concisely the reasons why it is considered that this conviction should be quashed.
    3. This notice must be signed by the appellant or his legal representative. If the appellant cannot write he must affix his mark in the presence of a witness. The name and address of such attesting witness must be given.
    4. This form must be lodged within ten days of the promulgation of the finding of the Courts-Martial, and the Court of Appeal has no power to extend the time allowed.
    5 These questions must be answered.

Nigerian Army (Courts-Martial) (Appeals)
Rules of Court

FORM 2(Rule 3)

TO THE CHIEF REGISTRAR OF THE COURT OF APPEAL
APPLICATION FOR LEAVE TO APPEAL AGAINST CONVICTION BY COURTS MARTIAL
Name of Appellant.. …………………………….Number…………………………………….
Unit………………………………………………….Rank ……………………………………….

Convicted by court-martial held at. …………………………..

Offence of which convicted ……………………………………..

Sentence ……………………………………………………..

Date when finding promulgated …………………………..

Name of prison or place of detention1……………………

Offence of which convicted ……………………………………..

 

I, the above-named appellant, hereby give you notice that I desire to appeal to the Court of Appeal against my conviction on the following grounds. 2

(Signed) 3 …………………………………………..(Appellant)
DATED the 4…………….. day of ………………..19 ……….

Questions 5Answers

  1. Is any legal practitioner now acting ………………………….
    for you? If so, give his name and …………………………
    address.

    2. Do you desire to be present when
    the Court considers your appeal? …………………………..

  2. Do you desire to apply for leave
    to call any witness on your appeal? ……………………………

If your answer to this question is “Yes”, you must fill in Form 7 and send it with this Form.

  1. If not in custody set out appellant’s address in full.
    2. Here set out clearly and concisely the reasons why it is considered that this conviction should be quashed.
    3. This notice must be signed by the appellant or his legal representative. If the appellant cannot write he must affix his mark in the presence of a witness. The name and address of such attesting witness must be given.
    4. This form must be lodged within ten days of the promulgation of the finding of the Courts-Martial, and the Court of Appeal has no power to extend the time allowed.
    5 These questions must be answered.

 

Nigerian Army (Courts-Martial) (Appeals)
Rules of Court

FORM 3(Rule 5)

TO THE CHIEF REGISTRAR OF THE COURT OF APPEAL

NOTICE OF APPLICATION FOR EXTENSION OF TIME WITHIN WHICH TO APPLY FOR LEAVE TO APPEAL

I,1…………………………………. have been convicted of the offence of 2 …………………………………………. by courts-martial held at ……………………..on the………….. day of……………,19….., and being now at……………………………………,3 give you notice that I hereby apply to the Court for an extension of the time within which I may give notice of application for leave to appeal, on the grounds followings 4………………………………………

(Signed) ………………………………………….(Appellant)

DATED the day……………………. of……………….. , 19…….

  1. Insert name, number, rank and unit.
    2. State shortly the offence or offences.
    3. Set out address in full.
    4. Here set out clearly and concisely the reasons for the delay in giving notice, and the grounds on which you submit that the Court should extend the time.

(Form 1 must be filled up and sent WITH THIS NOTICE to the Chief Registrar.)

Nigerian Army (Courts-Martial) (Appeals)
Rules of Court

FORM 4(Rule 5)

TO THE CHIEF REGISTRAR OF THE SUPREME COURT
NOTICE OF APPEAL FROM A JUSTICE OF THE COURT OF APPEAL UNDER SECTION 146 OF THE NIGERIAN ARMY ACT
I, 1 ……………………………………………. having received your notification that my application for-
(a) leave to appeal 2
(b) extension of the period within which application for leave to appeal may be made;2
(c) permission to be present at the proceedings in the appeal;2

has been refused by a Judge of the Court, DO HEREBY GIVE YOU NOTICE that I desire that the said application shall be considered and determined by the full Court.

(Signed) …………………………………………………………… (Appellant)

  1. Insert name, number, rank and unit.
    2. Strike out if not appropriate.

DATED the …………….day of……………… , 19 ………
(If you wish to state any reasons, in addition to those set out by you in your original application, upon which you submit that the Court should grant this application, you may do so in the space below.)

Nigerian Army (Courts-Martial) (Appeals)
Rules of Court

FORM 5(Rule 6)

TO THE CHIEF REGISTRAR OF THE COURT OF APPEAL
NOTICE OF ABANDONMENT

Name of Appellant.. …………………………….Number…………………………………….
Unit………………………………………………….Rank ……………………………………….

Convicted by court-martial held at. …………………………..

Offence of which convicted ……………………………………..

Name of prison or place of detention1……………………

I, the above-named appellant, having been convicted as above stated and having duly sent to the Chief Registrar of the Court notice that I desired to appeal DO HEREBYGIVE NOTICE that I do not intend further to prosecute my appeal but THAT I HEREBY ABANDON all proceedings in regard thereto as from the date hereof.

DATED the day……………………. of……………….. , 19…….

(Signed) 2 ……………………………………..-……………. (Appellant)

This notice was signed by the above-named appellant on the day above stated in my presence.

Signature of Witness ……………………………….

Address of Witness …………………………………

Occupation of Witness ……………………………..

  1. If not in custody set out appellant’s address in full.
  2. This notice must be signed in the presence of a witness.

Nigerian Army (Courts-Martial) (Appeals)
Rules of Court

FORM 6(Rule 12)

TO THE CHIEF REGISTRAR OF THE COURT OF APPEAL

ORDER TO WITNESS TO ATTEND FOR EXAMINATION

To1 ………………………………………………………………….
WHEREAS.on good cause shown to the Court of Appeal, you have been ordered to attend and be examined as a witness before the Court upon the appeal of 2 …………………………..
This is to give you notice to attend before the Court at…………….o’clock in the noon on the day of …………………..,19 ……….at3 …………………………………………………………….
You are also required to have with you at the said time and place the following books, papers and other things relating to the appeal.

DATED the ……………….. day of ………………… , 19 …….

…………………………………
Chief Registrar

  1. Name and address of witness.
    2. Name, number and rank of appellant.
    3. Location of Court to be inserted.

Nigerian Army (Courts-Martial) (Appeals)
Rules of Court

FORM 7(Rule 12)

TO THE CHIEF REGISTRAR OF THE COURT OF APPEAL

APPELLANT’S APPLICATION TO CALL FURTHER EVIDENCE

I, 1……………………………………………………, having applied for leave to appeal to the Court of Appeal, hereby give notice that I desire
the Court to order the following witness(es) to attend the Court and be examined on my behalf.

(Signed) ……………………………………… (Appellant)

DATED the…………. day of ………………, 19 ……

You are required to complete the following form.2

  1. Name and address of witness …………………………….
  2. Was the witness examined at your court-martial? …………………………………….

……………………………………………………………………..

  1. If not, state the reason why he was not examined …………………………………….

………………………………………………………………………

  1. State shortly the evidence you think he can give …………………………………………..
  2. Insert name, number, rank and unit.
    2. If more than one witness is desired the information must be given in respect of each witness.

SECOND SCHEDULE(Rule 3)

Nigerian Army (Courts-Martial) (Appeals)
Rules of Court

CircumstancePerson with whom an application or notice is lodged under Rule 3(4)
1. Applicant is serving with a unit of the Army

2. Applicant is confined in a civil prison

3. Applicant is a civilian

Officer Commanding the unit.

Superintendent or other person in charge of the prison.

Officer Commanding the nearest unit of the Army.