Section 133: Constitution of courts-martial

(1) Subject to the provisions of sections 128 and 129 of this Act, a court-martial shall be duly constituted if it consists of the President of the court-martial, not less than two other officers and a waiting member.
(2) An officer shall not be appointed to be a member of a court-marital unless he is subject to service law under this Act and has been an officer in any of the services of the Armed Forces for a period amounting in the aggregate to not less than five years.
(3) The President of a court-martial shall be appointed by order of the convening officer and shall not be under the rank of major or corresponding rank, unless, in the opinion of the convening officer, a major or an officer of corresponding rank having suitable qualifications is not, with due regard to the public service, available, so however that-
(a) the president of a court-martial shall not be under the rank of a captain or a corresponding rank; and
(b) where an officer is to be tried, the President shall be above or of the same or equivalent rank and seniority of the accused and the members thereof shall be of the same but not below the rank and seniority of the accused.
(4) The members of a court-martial, other than the President, shall be appointed by order of the convening officer or in such other manner as may be prescribed.
(5) A convening officer shall appoint a judge advocate for every court-martial.
(6) A judge advocate shall be a commissioned officer who is qualified as a legal practitioner in Nigeria with at least three years post-call experience or failing that he shall on request by the convening officer be nominated by the Directorate of Legal Services of the respective services of the Armed Forces.
(7) If a court-martial is to be convened at a place where, in the opinion of the convening officer, the necessary number of officers having suitable qualifications is not available to form the court-martial and cannot be made available with due regard to the circumstances, the convening officer may, with the consent of the proper superior authority appoint any service officer as President of the court-martial in lieu of, or as any other member of the court in lieu of, or in addition to any service officer or officers.