ARMED FORCES ACT

Section 154: Petitions after confirmation, review of findings and sentences

1994Section 154 of 292Federal Republic of Nigeria

(1) Notwithstanding the provisions of section 151 of this Act, an accused person may, after confirmation of a finding or sentence of a general court-martial or of a special court-martial, submit a petition for review of the finding or sentence to a reviewing authority.
(2) A finding or sentence which has been confirmed may at any time be reviewed by a reviewing authority, and if after confirmation of a finding or sentence a petition is duly presented under subsection (1) of this section against the finding or sentence then, subject to the provisions of this section, the finding or sentence shall be so reviewed as soon as may be after the presentation of the petition and after consideration of the matters alleged therein.
(3) The reviewing authorities for the purposes of this Act shall be the appropriate Service Council or Board or, (so far as the delegation extends), an officer to whom the powers of the relevant Service Council or Board as reviewing authority, or any of those powers, may be delegated.
(4) On a review under this section, the reviewing authority may-
(a) in as far as the review is of a finding, quash the finding and, if the sentence relates only to the finding quashed, quash the sentence; or
(b) in any other case, exercise the powers of substituting a finding of valid for invalid sentence and of remitting or commuting punishment as are conferred on a confirming authority by subsections (2), (3) and (4) of section 151 of this Act.
(5) A sentence of imprisonment passed by a court-martial and affirmed by a confirming authority may be reconsidered by the Armed Forces reviewing authority and if on a reconsideration it appears that the conduct of the offender or accused since his conviction has been such as to justify remission of the sentence, whether in whole or in part, it may be so remitted.
(6) If an appeal or application for leave to appeal is lodged with the Registrar of the Court of Appeal under the provisions of Part XVI of this Act so much of subsection (2) of this section as requires the review of a finding or sentence against which a petition has been presented shall thereupon cease to apply to the finding to which the appeal or application for leave to appeal relates and to the sentence passed in consequence of that finding.
(7) The determination of a reviewing authority under this section shall be promulgated and have effect from the date of promulgation.

Cite this section

Section 154, ARMED FORCES ACT (1994).

https://repo.podus.ai/laws/armed-forces-act/section/154/