ARMED FORCES ACT

Section 210: Enforcement of maintenance and affiliation orders by deduction from pay

1994Section 210 of 292Federal Republic of Nigeria

(1) Where a court in Nigeria has made an order against a person subject to service law under this Act (in this section referred to as "the defendant") for the payment for any period or of any other sum specified in the order for or in respect of-
(a) the maintenance of his wife or child; or
(b) any cost incurred in obtaining the order; or
(c) any cost incurred in proceedings on appeal against, or for the variation, revocation or revival of the order,
then (whether or not he was a member of the Armed Forces when the order was made) the Forces Council or Service Chief may order the sum to be deducted from the pay of the defendant and appropriated in or towards satisfaction of the payment due under the order of the court.
(2) Where to the knowledge of the Court making an order under subsection (1) of this section, the defendant is a person subject to service law under this Act, the Court shall send a copy of the order to the Forces Council or to an officer authorised by it.
(3) Where an order under subsection (1) of this section has been made by a court in Nigeria and the Forces Council or an officer authorised by it is satisfied that the defendant has had a reasonable opportunity of appearing in person, or has appeared by a duly authorised legal representative, to defend the case before the Court by which the order was made, the Forces Council or officer shall have the like power under subsection (1) of this section as if the order has been made by a court as is mentioned in that subsection.
(4) The Forces Council or an officer authorised by it may by order vary or revoke an order previously made under this section, and may treat an order under this section as being suspended at any time while the person against whom the order was made is absent as mentioned in paragraph (a) of subsection (1) of section 205 of this Act.
(5) In this section, reference to a wife or child includes, in relation to an order made in a proceeding in connection with the dissolution or annulment of a marriage, is a reference to a person who would have been the wife or child of the defendant if the marriage had subsisted, and reference to a child of a person includes reference to a child of his wife and to a child born out of wedlock or an adopted child of that person or of his wife.

Cite this section

Section 210, ARMED FORCES ACT (1994).

https://repo.podus.ai/laws/armed-forces-act/section/210/