ARMED FORCES ACT

Section 100: Offences in relation to court-martial

1994Section 100 of 292Federal Republic of Nigeria

(1) A person subject to service law under this Act who-
(a) having been duly summoned or ordered to attend as a witness before a court-martial, fails to comply with the summons or order; or
(b) refuses to swear an oath or make an affirmation when duly required by a court-martial to do so; or
(c) refuses to produce a document in his custody or under his control which a court-martial has lawfully required him to produce; or
(d) when a witness, subject to the provisions of section 176 of the Evidence Act, refuses to answer a question which a court-marital has lawfully required him to answer; or
(Cap.E14)
(e) wilfully insults a person, being a member of a court-martial or a witness or any other person whose duty it is to attend on or before the court-martial, while that person is acting as a member of the court-martial or is so attending, or wilfully insults that other person while that person is going to or returning from the proceedings of the court; or
(f) wilfully interrupts the proceedings of a court-martial or otherwise misbehaves before the court-martial,
is guilty of an offence under this section and liable, on conviction by a court-martial, other than the court in relation to which the offence was committed to imprisonment for a term not exceeding two years or any less punishment provided by this Act.
(2) Notwithstanding anything contained in subsection (1) of this section, where an offence under paragraph (e) or (f) of that subsection is committed in relation to a court-martial held in pursuance of this Act, the court-martial, if of opinion that it is expedient that the offender should be dealt with summarily by that court-martial instead of being brought to trial before another court-martial, may by order under the hand of the President order the offender to be imprisoned for a period not exceeding 21 days or any less punishment provided for under this Act.
(3) References in paragraphs (a) to (f) of subsection (1) of this section to a court-martial includes references to a court-martial held in pursuance of service law.

Cite this section

Section 100, ARMED FORCES ACT (1994).

https://repo.podus.ai/laws/armed-forces-act/section/100/