Section 290: Repeal and savings

(1) The Nigerian Army Act, the Navy Act, the Air Force Act and the Military Court (Special Powers) Act (in this section referred to as "the repealed enactments") and all other enactments relating thereto are hereby repealed.
[Cap. 2251990. Cap. 2941990. Cap. 2881990. Cap. 15 1990.]
(2) Notwithstanding the repeal of the enactments referred to in subsection (1) of this section-
(a) all the bodies of troops raised under any of the repealed enactments shall be deemed to have been raised under this Act;
(b) an officer, a soldier, rating or an aircraftman serving in the Armed Forces under any of the repealed enactments immediately before the commencement of this Act shall be deemed to have been commissioned or enlisted, as the case may be, under this Act and the officer, soldier, rating or aircraftman shall not be required to serve in the Armed Forces for a period longer than that for which he was first commissioned, enlisted or re-engaged;
(c) a document referring to a provision of any of the repealed enactments shall be construed as a reference to the corresponding provision of this Act;
(d) where an offence, being an offence for the continuance of which a penalty was provided, has been committed under any of the repealed enactments, court-martial or other proceedings may be taken under this Act in respect of the continuance of the offence after the commencement of this Act in the same manner as if the offence had been committed under the corresponding provisions of this Act.
(3) Any proceeding or other sentence pending or existing immediately before the commencement of this Act against an officer, a soldier, rating or an aircraftman may be continued or commenced, as the case may be, and a determination of a court-martial, civil court or other authority or person may be enforced against the officer, soldier, rating or aircraftman to the same extent that the proceeding or other action or determination could have been continued, commenced or enforced against that officer, soldier, rating or aircraftman.
(4) An officer who immediately before the commencement of this Act, was authorised to recruit or attest enlisted persons shall, without prejudice to any subsequent withdrawal of the authorisation, be deemed, without further authorisation, to be a recruiting officer for the purposes of this Act.
(5) A forfeiture of, or deduction from, pay having effect under any of the repealed enactments immediately before the commencement of this Act, shall continue to have effect notwithstanding the repeal of the enactments.
(6) A document made before the commencement of this Act which would have been admissible in evidence under the provisions of any of the enactments, shall be admissible to the same extent and in the same proceedings notwithstanding that the repealed enactments have ceased to have effect.
(7) Nothing in this Act shall invalidate an act or a thing done by any officer, person, authority or office that immediately before the commencement of this Act was authorised or charged with the doing of the acts or thing aforesaid by virtue of any of the repealed enactments or any other enactments relating thereto and the act or thing done shall be deemed to have been duly executed and shall continue to be in force as if the officer, person, authority or office was authorised and charged with the function by virtue of this Act or in accordance with the provisions of an instrument made thereunder.