Section 142: Power to convict for offence other than that charged
(1) An accused charged before a court-martial with an offence under this Act may, on failure of proof of the offence having been committed under circumstances involving a higher degree of punishment, be found guilty of the offence as having been committed under circumstances involving a lesser degree of punishment.
(2) An accused charged before a court-martial with an offence may be found guilty of attempting to commit the offence.
(3) An accused charged before a court-martial with attempting to commit an offence may be convicted on that charge notwithstanding that it is proved that he actually committed the offence.
(4) Where an accused is charged before a court-martial under section 95 of this Act in respect of attempting to commit a civil offence, he may be convicted on that charge notwithstanding that it is proved that he actually committed the civil offence.
(5) Where an accused is charged before a court-martial with an offence under section 114 of this Act and the corresponding civil offence is one in proceedings for which, if he had been tried by a civil court for committing the offence in Nigeria, he might have been found guilty of another civil offence, then if the court-martial finds that he has committed that other civil offence he may be convicted of an offence against the said section in respect of the commission of that other civil offence.
(6) An accused charged before a court-martial with an offence specified in the first column of the First Schedule to this Act may, be found guilty of an offence specified in relation thereto in the second column of that Schedule.
[First Schedule.]
Cite this section
Section 142, ARMED FORCES ACT (1994).
https://repo.podus.ai/laws/armed-forces-act/section/142/