ARMED FORCES ACT

Section 147: Review of summary findings and awards

1994Section 147 of 292Federal Republic of Nigeria

(1) Where a charge has been dealt with summarily and the charge is not dismissed, the authority specified in subsection (4) of this section may review the finding or award either upon a petition submitted under subsection (2) of this section or at any time if facts material to the case arise which were not available during the trial.
(2) A person convicted and sentenced summarily may petition against the finding or award or both to the authority not later than one month after the finding or award was made.
(3) Where on a review under this section, it appears to the authority-
(a) expedient so to do by reason of any mistake of law in the proceedings on the summary dealing with the charge or of anything occurring in those proceedings which, in the opinion of the authority, involved substantial injustice to the accused, the authority may quash the finding, and if the finding is quashed, the authority shall also quash the award;
(b) that a punishment awarded was invalid or too severe or (where the award included two or more punishments) that those punishments or some of them could not validly have been awarded in combination or are, taken together, too severe, the authority may vary the award by substituting such punishment or punishments as the authority may think proper, being a punishment which could have been included in the original award.
(4) In this section, "the authority" means appropriate superior authority.

Cite this section

Section 147, ARMED FORCES ACT (1994).

https://repo.podus.ai/laws/armed-forces-act/section/147/