ARMED FORCES ACT

Section 254: General provisions as to evidence

1994Section 254 of 292Federal Republic of Nigeria

(1) The following provisions of this section shall have effect with respect to evidence in proceedings under this Act, whether before a court-martial, a civil court or otherwise.
(2) A document purporting to be a copy of the attestation paper signed by a person and to be certified to be a true copy by a person stated in the certificate to have the custody of the attestation paper shall be evidence of the enlistment of the person attested.
(3) The attestation paper purporting to be signed by a person on his enlistment shall be evidence of his having given the answers to questions which he is therein recorded as having given.
(4) A letter, return or other document stating that a person-
(a) was or was not serving at a specified period in a service of the Armed Forces or was discharged from a part of the service at or before a specified time; or
(b) held or did not hold at a specified time a specified rank or appointment in a service of the Armed Forces, or had at or before any specified time been attached, posted or transferred to a part of the service, or at a specified period was or was not serving or held or did not hold a rank or an appointment in a particular country or place; or
(c) was or was not at a specified time authorised to use or wear a decoration, badge, wound stripe or emblem,
shall, if purported to be issued by or on behalf of the President, be evidence of the matters stated in the letter, return or document.
(5) A record made in a service book or other document prescribed by regulations of the President for the purposes of this subsection being a record made in pursuance of this Act or regulations made under this Act, or otherwise in pursuance of service duty and purporting to be signed by the commanding officer or by a person whose duty it was to make the record, shall be evidence of the facts stated therein.
(6) A copy of a record (including the signature thereto) in a service book and a copy of the document, purporting to be certified to be a true copy by a person stated in the certificate to have custody of the book or original document, as the case may be, shall be evidence of the record.
(7) A document purporting to be issued by order of the Forces Council or the appropriate Service Chief and to contain instructions, regulations or orders given or made by the Forces Council or the competent Service Chief shall be evidence of the giving of the instructions or making of the regulations or orders and of their contents.
(8) A certificate purporting to be issued by or on behalf of the Forces Council or a Service Chief and stating that-
(a) a decoration of a description specified in or annexed to the certificate is a military, naval or aircraft decoration; or
(b) a badge, wound stripe or an emblem of any description specified in or annexed to the certificate of the Forces Council,
shall be evidence of the matters stated in the certificate.
(9) A certificate purporting to be signed by a person's commanding officer or an officer authorised by him to give the certificate, and stating the contents of, or any part of, standing orders or other routine orders of a continuing nature made for-
(a) a formation, unit or body of troops; or
(b) a command area, garrison or place; or
(c) a ship, train or an aircraft,
shall, in proceedings against that person, be evidence of the matters stated in the certificate.

Cite this section

Section 254, ARMED FORCES ACT (1994).

https://repo.podus.ai/laws/armed-forces-act/section/254/