ARMED FORCES ACT

Section 118: Punishment of officers

1994Section 118 of 292Federal Republic of Nigeria

(1) The punishments which may be awarded to an officer by sentence of a court-martial under this Act are those set out in the following scale, that is-
(a) death;
(b) imprisonment;
(c) dismissal with disgrace and dishonour;
(d) dismissal from the Armed Forces;
(e) reduction in rank;
(f) forfeiture of seniority in the rank;
(g) a fine of a sum not exceeding the equivalent of 3 months' pay;
(h) severe reprimand or reprimand;
(i) admonition;
(j) forfeiture, where the offence is fraud, fraudulent mis-application, theft or any other form of undue enrichment of the accused, provided that evidence exists which satisfies the court that the accused or his estate has benefited from the property or thing subject of the offence;
(k) stoppages, where the offence has occasioned any expense, loss or damage not exceeding one third of the total sum.
(2) Where a court-martial decrees an officer to be reduced in rank under subsection (1) (e) of this section, the court-martial shall also decree the officer's seniority in the lower rank, for example, if an officer is sentenced to reduction in rank from lieutenant colonel to major, the court-martial shall specify that his seniority in the new rank will be three months, six months, nine months, one year or any other period, provided that if the court-martial fails to decree as aforesaid, the sentence of reduction in rank shall not be invalid, but the seniority in the new rank shall only be specified on review of sentence as is deemed appropriate.
(3) For the purposes of subsection (1) of this section, a punishment specified in any paragraph of scale shall be treated as less than the punishment specified in the preceding paragraph of the scale.
(4) Except as expressly provided in this Act, not more than one punishment shall be awarded by a court-martial for one offence.
(5) Forfeiture or stoppages may be awarded by a court-martial either in addition to or without any other punishment.
(6) A severe reprimand or reprimand may be awarded by a court-martial in addition to a fine.
(7) Where an officer is sentenced by a court-martial to imprisonment, he shall also be sentenced to be dismissed with disgrace and dishonour, provided that if the court-martial fails to sentence him to be dismissed, the sentence of imprisonment shall not be invalid but shall be deemed to include a sentence of dishonour and disgrace.

Cite this section

Section 118, ARMED FORCES ACT (1994).

https://repo.podus.ai/laws/armed-forces-act/section/118/