ARMED FORCES ACT

Section 205: Forfeiture of pay for absence from duty

1994Section 205 of 292Federal Republic of Nigeria

(1) The pay of a person subject to service law under this Act may be forfeited-
(a) for a period of absence in such circumstances as to constitute an offence under section 59 or 60 of this Act if the commander so directs, or of any other absence without leave; or
(b) for a period of imprisonment or field punishment awarded under service law by a court-martial or commanding officer or of imprisonment or detention of any description to which he is liable in consequence of an order or sentence of a civil court; or
(c) if he is found guilty (whether by a court-martial, an appropriate superior authority or his commanding officer) of an offence under service law, for any period (whether before or after he is found guilty) in which he is in hospital on account of sickness or injury certified by the proper medical officer to have been occasioned by the offence.
(2) The pay of a person subject to service law under this Act may be forfeited for any day of absence by reason of his having been made a prisoner of war if the commanding officer is satisfied that-
(a) he was made a prisoner of war through disobedience of orders or wilful neglect of his duty; or
(b) having been made a prisoner of war-
(i) he failed to take any reasonable steps available to him to rejoin the service of the Armed Forces; and
(ii) served with or aided the enemy in the prosecution of hostilities or measures calculated to influence morale or in any other manner whatsoever not authorised by international usages.
(3) Except as provided in subsection (2) of this section, nothing in paragraph (a) of subsection (1) of this section shall apply to absence by reason of having been made a prisoner of war.
(4) Pay Regulations may make provisions as to the computation of time for the purpose of this section and in particular as to the counting or disregarding of part of a day.

Cite this section

Section 205, ARMED FORCES ACT (1994).

https://repo.podus.ai/laws/armed-forces-act/section/205/