ARMED FORCES ACT

Section 126: Further proceedings on charges against officers and warrant officers

1994Section 126 of 292Federal Republic of Nigeria

(1) Without prejudice to the provisions of Part XIII of this Act, a commanding officer, shall, if he can not adequately deal with a charge, and unless he has dismissed the charge, submit it in the prescribed manner to a higher authority who shall thereupon determine how the charge is to be proceeded with in accordance with subsection (2) of this section.
(2) The higher authority may refer the charge to the appropriate superior authority or take the prescribed steps with a view to the charge being tried by a court-martial.
(3) Where the charge is referred to the appropriate superior authority, that authority shall investigate the charge in the prescribed manner and determine whether the accused is guilty of the charge and accordingly dismiss the charge or record a finding of guilty.
(4) If in the course of investigating the charge, the appropriate superior authority determines that it is desirable that the charge should be tried by a court-martial, the prescribed steps shall be taken with a view to its being so tried.
(5) If the appropriate superior authority records a finding of guilty, it may award punishment as provided under Part XIII of this Act.

Cite this section

Section 126, ARMED FORCES ACT (1994).

https://repo.podus.ai/laws/armed-forces-act/section/126/