ARMED FORCES ACT

Section 115: Officers

1994Section 115 of 292Federal Republic of Nigeria

(1)
Subject to the provisions of this section, an officer who is charged with an offence which may be summarily tried under Part XIV of this Act may be summarily tried and punished to the extent permitted in accordance with the following provisions of this section by the officer in command of the unit, ship or establishment to which that officer belongs either at the time of the commission of the offence or at the time of the trial of the offence, that is-
Company commander or equivalent
(a) where the accused is of or below the rank of an Army Captain or corresponding rank, the commanding officer of the company or establishment or his equivalent may summarily deal with the charge by either dismissing the case or awarding any of the following punishments, that is-
(i) confinement not exceeding seven days;
(ii) award of extra duties not exceeding seven days;
(iii) admonition
Battalion commander or equivalent
(b) where the accused is of or below the rank of Major or corresponding rank, the battalion commander or his equivalent may summarily deal with the charge by either dismissing the case or awarding any of the following punishments, that is-
(i) fine not exceeding N500;
(ii) where the offence has occasioned any expenses, loss or damage, make good the loss by stoppages not exceeding N2,500;
Brigade commander or equivalent
(c) where the accused is of or below the rank of Lieutenant Colonel or corresponding rank, the brigade commander or his equivalent may summarily deal with the charge by either dismissing the case or awarding any of the following punishments, that is-
(i) fine not exceeding N1,000;
(ii) forfeiture of pay not exceeding thirty days;
(iii) where the offence has occasioned any expenses, loss or damages, make good the loss by stoppages not exceeding N3,000
General officer commanding or equivalent
(d) where the accused is of the rank of or above Colonel or corresponding rank, the general officer commanding or his equivalent may summarily deal with charge by either dismissing the case or awarding any of the following punishments that is-
(i) fine not exceeding N2,000;
(ii) forfeiture of pay not exceeding sixty days;
(iii) where the offence has occasioned any expenses, loss or damages, make good the loss by stoppages not exceeding N5,000;
(iv) reprimand or severe reprimand;
(v) admonition,
(2) For the purpose of this subsection (1) of this section, a punishment specified in a sub-paragraph of the scale shall be treated as less than the punishment specified in the preceding sub-paragraphs and greater than those specified in the succeeding sub-paragraph of the scale.
(3)
Except as expressly provided in this Act, not more than one punishment shall be awarded in a summary trial for one offence, provided that-
(a) stoppages may be awarded either in addition to or without any other punishment; and
(b) a reprimand or severe reprimand may be awarded in addition to a fine.

Cite this section

Section 115, ARMED FORCES ACT (1994).

https://repo.podus.ai/laws/armed-forces-act/section/115/