ARMED FORCES ACT

Section 140: Decisions of courts-martial

1994Section 140 of 292Federal Republic of Nigeria

(1) Subject to the other provisions of this section, every question to be determined by a court-martial shall be by a majority of the votes of the members of the court-martial.
(2) In the case of an equality of votes on the finding, the court-martial shall acquit the accused.
(3)
A finding of guilty where the only punishment which the court-martial can award is death shall not have effect unless it is reached with the concurrence of all members of the court-martial and where in any other case there is no concurrence in the finding by a majority of members, the court-martial may award any less punishment provided by this Act.
(4) Where the accused is found guilty and the court-martial has power to sentence him either to death or to some less punishment, sentence of death shall not be passed without the concurrence of all the members of the court-martial.
(5) In the case of equality of votes on the sentence or on any question arising after the commencement of a trial, other than the finding, the President of the court-martial shall have a second or casting vote.

Cite this section

Section 140, ARMED FORCES ACT (1994).

https://repo.podus.ai/laws/armed-forces-act/section/140/