Section 116: Warrant or petty officer, non-commissioned officers, soldiers, ratings or aircraftmen

(1)
Subject to the provisions of this section, a warrant or petty officer, non-commissioned officer, soldier, rating or aircraftman 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 and in accordance with the following provisions of this section by the officer in command of the unit, ship or establishment to which that person 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 below the rank of a sergeant 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) imprisonment with hard labour not exceeding seven days in the unit guardroom;
(ii) extra duties not exceeding seven days;
(iii) confinement not exceeding seven days;
(iv) where the offence has occasioned any expenses, loss or damage, make good the loss by stoppages not exceeding N200;
(v) reprimand;
(vi) admonition;
Battalion commander or equivalent
(b) where the accused is below the rank of warrant officer class one or chief petty officer, 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) dismissed regiment to the rank of corporal, able rate or below;
(ii) imprisonment with hard labour up to twenty-eight working days in the uuit guardroom, provided that the person so charged is of the rank of corporal, able rate or below;
(iii) reduction in rank not below one step for sergeants, leading hands and below;
(iv) forfeiture of pay not exceeding seven days;
(v) where the offence has occasioned any expenses, loss or damage, make good the loss by stoppages not exceeding N500;
(vi) confinement to barracks not exceeding 28 days;
(vii) extra duties not exceeding seven days;
(viii) reprimand or severe reprimand;
(ix) admonition;
Brigade commander or equivalent
(c) where the accused is below the rank of warrant officer class one or chief petty officer, 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) dismissed regiment to rank of staff sergeant or below;
(ii) imprisonment with hard labour up to 28 days in the unit guardroom;
(iii) reduction in rank of staff sergeant or leading rate and below not more than two steps;
(iv) fine not exceeding N200;
(v) where the offence has occasioned any expenses, loss or damages, make good the loss by stoppages not exceeding N2,500;
(vi) forfeiture of pay not exceeding thirty days;
(vii) reprimand or severe reprimand;
(viii) admonition;
General officer commanding or equivalent
(d) where the accused is of the rank of warrant officer class one or chief petty officer and above, the general officer commanding or his equivalent may summarily deal with the charge by either dismissing the case or by awarding any of the following punishments, that is-
(i) dismissed regiment to the rank of warrant officer class two, petty officer or below;
(ii) imprisonment with hard labour up to 28 days in the unit guardroom;
(iii) reduction in rank or disrating of warrant officer class two or petty officer and below, not more than two steps;
(iv) fine not exceeding N250;
(v) where the offence has occasioned any expenses, loss or damages, make good the loss by stoppages not exceeding N3,500;
(vi) forfeiture of pay not exceeding 28 days;
(vii) reprimand or severe reprimand;
(viii) admonition.
(2) For the purposes of subsection (1) of this section, a punishment specified in any sub-paragraph of the scale shall be treated as less than the punishment specified in the preceding sub-paragraph 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.
(4) Where a warrant or petty officer or a soldier, rating or an aircraftman is sentenced to a term of imprisonment of 35 days or more, he shall also be sentenced to dismissal from the service.