Section 146: Offences by civilians in relation to courts-martial

(1) Where in Nigeria a person other than a person subject to service law under this Act-
(a) having been duly summoned to attend as a witness before a court-martial, fails to comply with the summons; or
(b) refuses to swear on oath when duly required by a court-martial to do so; or
(c) refuses to produce a document in his custody or under his control which a court-martial has lawfully required him to produce; or
(d) when a witness, refuses to answer a question which a court-martial has lawfully required him to answer; or
(e) wilfully insults a person, being a member of a court-martial or a witness or any other person whose duty it is to attend on or before a court-martial, while that person is acting as a member of the court-martial or is so attending, or wilfully insults that person while that person is going to or returning from the proceedings of a court-martial; or
(f) wilfully interrupts the proceedings of a court-martial or otherwise misbehaves before the court-martial; or
(g) does any other thing which would, if the court-martial had been a court of law having power to commit for contempt, have been contempt of that court,
the President of the court-martial may certify the offence of that person under his hand to the High Court having jurisdiction in that part of Nigeria where the offence is alleged to have been committed or in the place where the offender is to be found.
(2) The High Court to which an offence is certified under subsection (1) of this section may inquire into the alleged offence and after hearing witnesses (if any) and taking any statement that may be offered in defence, punish or take any steps for the punishment of that person in like manner as if he had been guilty of contempt of that High Court.
(3) A person shall not be dealt with under this section in respect of failure to comply with a summons requiring him to attend as a witness before a court-martial unless any expenses in respect of his attendance have been paid or tendered.
(4) For the purposes of subsection (3) of this section-
(a) the tender of a warrant or voucher entitling a person to travel shall be deemed to constitute tender of his expenses in respect of the travelling authorised by the warrant or voucher; or
(b) the tender of a written undertaking on behalf of the convening officer to defray at the trial any other expenses to which the person may be entitled shall be deemed to constitute tender of those expenses.
(5) In this section, "court-martial" means a court-martial held under service law.