Section 291: Interpretation

(1) In this Act, unless the context otherwise requires-
"Accountant-General" means the Accountant-General of the Federation;
"acting rank" means rank of any description in the Armed Forces by whatever called and being such that a commanding officer may, with or without preferring a charge under this Act, order the holder to revert to a lower rank or to his substantive rank, as the case may be and "acting warrant or chief petty officer" and "acting non-commissioned officer" shall be construed accordingly;
"aircraft" means a machine for flying, whether propelled by mechanical means or not, and includes a machine of the type known as a hovercraft as well as any description of balloon;
"Air Council" means the Nigerian Air Council established under section 15 of this Act;
"aircraft material" includes-
(a) part of and components of or accessories for, aircraft, whether for the time being in an aircraft or not;
(b) engines, armaments, ammunition and bombs and other missiles of any description in, or for use in, an aircraft;
(c) any other gear, apparatus or instruments in, or for use in, an aircraft;
(d) an apparatus used in connection with the taking-off or landing of aircraft or for detecting the movement of an aircraft; and
(e) any fuel used for the propulsion of an aircraft and any material used as a lubricant for an aircraft or aircraft material;
"aircraft papers" includes books, documents, forms and writings of whatever description and whether or not relating to the flight of the aircraft when captured or to any flight, which are delivered up or found abroad the aircraft;
"Air Force" means the Nigerian Air Force raised under this Act;
"air signal" means any message, signal or indications given, by any means whatsoever, for the guidance of aircraft or a particular aircraft;
"allied forces" means military, naval or air forces of any country allied to, or associated with, the Federation and includes any Commonwealth force;
"appropriate Service Council or Board" means the Army Council, the Air Council or the Navy Board, as the case may be;
"appropriate superior authority" has the meaning assigned to it by subsections (1) and (2) of section 128 of this Act;
"Armed Forces" means the Nigerian Army, the Nigerian Navy and the Nigerian Air Force raised under section 1 of this Act;
"Army" means the Nigerian Army raised under section 1 of this Act;
"Army Council" means the Nigerian Army Council established under section 9 of this Act;
"arrest" includes open and close arrest and means physical restraint imposed on a person by order of a competent superior authority in accordance with the provisions of this Act depriving a person of freedom;
''before the enemy" in relation to a person, means that the person is in action against the enemy or about to go into action against the enemy or is under attack or threat of imminent attack by the enemy;
"Board" means the Nigerian Navy Board established under section 12 of this Act;
"Boards of Inquiry Rules" means rules made under section 180 (d) of this Act regulating the boards of inquiry;
"civil court" means a court of competent criminal jurisdiction, but does not include a customary court by whatever name called;
"civil offence" has the meaning assigned to it in subsection (2) of section 114 of this Act;
"civil prison" means a prison in Nigeria in which a person sentenced by a civil court to imprisonment can for the time being be confined;
"commander" means the Service Chief of the respective services of the Armed Forces appointed by the President to have the command, direction and general superintendence of the services raised under this Act;
"commanding officer" in relation to a person, means the officer commanding the unit to which the person belongs or is attached;
"constable" includes a person (whether within or outside the Federal Republic of Nigeria) having powers corresponding with those of a constable;
"corresponding civil offence" has the meaning assigned to it by subsection (2) of section 114 of this Act;
"corresponding rank" in relation to any rank of any other service of the Armed Forces or an allied force, means such rank in that force as is specified under the Third and Fourth Schedules to this Act to correspond with a rank under this Act;
"court-martial" means a court-martial constituted under this Act;
"Customary Court" includes an Alkali's court, and any other court at any time before or after the commencement of this Act known as a native court;
"damage" and cognate expressions, include destruction;
"date of attestation" in relation to a person, means the date on which he is attested as having enlisted in any service of the Armed Forces;
"decoration" includes a medal, ribbon, clasp and good conduct badge;
"desertion" shall be construed in accordance with subsection (3) of section 60 of this Act;
"enemy" means all persons engaged in armed operations against Nigeria or allied forces, and includes armed mutineers, armed rebels, armed rioters and pirates;
"executive officer" means the officer carrying out the executive duties of the ship or establishment;
"Forces Council" means the Armed Forces Council established under section 4 of this Act;
"Imprisonment Rules" means rules regulating imprisonment made by the President under section 180 (c) of this Act;
"independent command" means a ship's officers and men of which are appointed or drafted to it and borne on its books;
"junior rating" means a rating enlisted in accordance with the provisions of section 29 of this Act;
"member of the Armed Forces" means an officer, soldier, rating or aircraftman, as the case may be;
"Minister" or "Minister of Defence" means the Minister charged with responsibility for matters relating to defence;
"oath" includes affirmation, and references to swearing shall be construed accordingly;
"officer" means, in relation to the Armed Forces, a person of or above the rank of cadet or any superior rank;
"on active service" in relation to a unit, means that the unit is engaged in operations against an enemy, and in relation to a person, means that the person is serving in or with the unit which is on active service and also includes normal or routine military duties;
"prescribed" means prescribed by rules of procedure;
"President" means the President;
"prison" includes a civil prison and any detention facility of any service of the Armed Forces;
"property" includes real property in any State of the Federation or outside the Federation of the nature of real property;
"provost officer" means a provost marshal or officer appointed to exercise the functions conferred by or under service law on a provost officer;
"public" when used adjectivally, means belonging to the Government of the Federation or of a State or Local Government or to the Government of the country to which an allied force serving or operating in Nigeria belongs;
"recruiting officer" means a person authorised as such under section 27 of this Act;
"Reserve" means the Armed Forces Reserve established under section 2 of this Act comprised of those persons who are subject to reserve service or liability under this Act;
"service" when used adjectivally, means belonging to or connected with the Armed Forces;
"Service Chief'' means the Chief of Army Staff, the Chief of Naval Staff or the Chief of Air Staff, as the case may be;
"service guardroom" means separate premises designated by the commander of any service of the Armed Forces for persons serving sentences of imprisonment;
"service law" means this Act and includes the Military, Naval or Air Forces law of any allied forces;
"service of the Armed Forces" means the Army, Navy or Air Force, as the case may be;
"service property" includes property belonging to any service of the Armed Forces;
"ship papers" includes books, documents, forms and writings of whatever description and whether or not relating to the voyage of the ship when captured or to any other voyage, which are delivered up or found abroad the ship;
"soldier, rating or aircraftman" means a member of the Armed Forces of or below the rank of chief petty officer or equivalent rank, and references in this Act to soldier, rating or aircraftman or to a soldier, rating or aircraftman of any rank includes references to a soldier, rating or aircraftman of rank corresponding with any of the services of the Armed Forces, as the case may be;
"stealing" has the meaning assigned to it in the Criminal and Penal Codes and references to "stolen goods" shall be construed as if contained in those Codes;
"stoppages" means, in relation to pay, the recovery by deduction from the pay of the offender of a specified sum by way of compensation for any expense, loss or damage occasioned by the offence;
"tender" means a ship or vessel the officers and men of which are appointed or drafted to and borne on the books of another ship or vessel being a parent ship or vessel;
"unit" means an establishment, base or any other formation of the Armed Forces personnel which has been declared to be a unit by the Forces Council;
''warrant or petty officer" includes a chief petty officer or its equivalent and a warrant or petty officer, man and rating or equivalent status in all the services of the Armed Forces, except when used as title of soldier, rating or aircraftman.
(2) Where by this Act it is provided that a person subject to service law under this Act shall be liable on conviction by a court-martial to imprisonment and no term or maximum term is specified, the person so convicted shall be liable to imprisonment for a maximum term not exceeding that which is provided for in the provisions of this Act.