ARMED FORCES ACT

Section 139: Courts-martial to sit in open court

1994Section 139 of 292Federal Republic of Nigeria

(1) Subject to the provisions of subsections (2) and (3) of this section, a court-martial shall sit in open court and in the presence of the accused.
(2) Nothing in subsection (1) of this section shall affect the power of a court-martial to sit in camera on the ground that it is necessary or expedient in the interests of defence and security to do so.
(3) Without prejudice to the power under subsection (2) of this section, a court-martial may order that, subject to such exceptions as it may specify, the public shall be excluded from all or any part of the proceedings of the court-martial if it appears to the court-martial that any evidence to be given or statement to be made in the course of the proceedings or that part, as the case may be, might otherwise lead to the disclosure of any information which would or might be directly or indirectly useful to any enemy or inimical to national or security interest.
(4) A court-martial shall sit in closed court while deliberating on their finding or sentence on any charge.
(5) A court-martial may sit in closed court on any other deliberation amongst the members.
(6) Where a court-martial sits in closed court, no person shall be present except the members of the court-martial and such other person as may be prescribed.
(7) A judge advocate shall be present at all sittings of a court-martial, except during deliberation on finding and sentence.

Cite this section

Section 139, ARMED FORCES ACT (1994).

https://repo.podus.ai/laws/armed-forces-act/section/139/