Abuja: Former Chief of Army Staff (COAS), retired Lt.-Gen. Tukur Buratai, has emphasized the need for a careful balance between military discipline and the constitutional rights of personnel within Nigeria’s democratic framework. Buratai addressed this issue at the public presentation of the book ‘Annotation of Cases on Court Martial,’ co-authored by Maj.-Gen. Mahmoo Wambai and Mr. Ali Omachi (Esq).
According to News Agency of Nigeria, Buratai noted that Nigeria’s court-martial system, which has its roots in British military tradition, has significantly evolved over the years. This evolution reflects the nation’s political and legal changes. He stressed the importance of balancing military discipline with the constitutional rights of personnel, under the scrutiny of civilian appellate courts.
Buratai referenced landmark judgments such as Eweka v. Nigerian Army and Gideon Uweri v. Nigerian Army as important milestones that reinforce the principles of fair hearing and define the jurisdiction of court-martials within democratic standards. He remarked that these rulings indicate the ongoing tension and harmony between the rule of law and the command demands within a professional military force.
He further stated that a fair military justice system is essential for maintaining disciplined armed forces and a stable democracy. Court-martials, he explained, are crucial for enforcing conduct and professionalism within the military, while demonstrating the Armed Forces’ adherence to the rule of law in a democratic society.
Buratai also highlighted the role of transparency in the military justice process in strengthening civilian oversight and enhancing public trust in the Armed Forces. He commended the Nigerian Body of Benchers, the Nigerian Bar Association (NBA), and the Council of Legal Education for their continued collaboration with the Armed Forces in improving military law and training military legal officers.
Describing the book as a significant contribution to military jurisprudence, Buratai mentioned that it provides valuable commentary and practical insights for practitioners, commanders, and judges. He emphasized that the book identifies areas for reform and enhances understanding of military justice within a democratic context.
Maj.-Gen. Wambai, one of the authors, explained that the book was driven by the need to address misconceptions that often lead to appellate courts overturning court-martial decisions. He emphasized that discipline is fundamental to the Armed Forces and that undermining it could threaten national security.
Co-author Ali Omachi added that the book is the first comprehensive compilation of appellate cases on court-martial in Nigeria. It offers insights into why some tribunal decisions are overturned on appeal and represents a critical step toward bolstering the military justice system’s integrity, ensuring that discipline and due process coexist effectively. (NAN) (www.nannews.ng)