THE AREA OF VIEW ABOUT MILITARY Justice, the application of reward for a deed or action of either a positive or negative colouration on the basis of equity and fairness, has always been with man asfar back as civilization became an important, or rather popular phenomenon. It hasbeen the hammer which enforces and performs the law, which in its right is the code which governs and restrictshuman behaviour in a particular locality or country. The most profound form of justice has always been in reward for offences considered anti-human or a departure from the action thatshould constitute one from an acceptable level of sanity, stretching asfar as executions in variousmodes, ranking next in downward severity to life incarcerations. On the lighter side of remuneration would be the option of or the imposition of fines for lesser offences, while on the flipside, complainants who have successfullypresented their cases and marshalled their evidences well beyond doubt have come off with sound awards of payment, restrictions and whatever forms of balance of justice they have so desired. The army hasstood strong over the years as asymbol and epitome of discipline, astuteness, shrewdness and transparence. Whether that fact is on the auspicesof the daunting task of overseeing the protection and defence of the national territory resting squarely on their shoulders or not, it has never been in doubt the strength of character, unity, will and strength the army possesses, anywhere in the world. It is not therefore surprising that they deliver on their mandatesseamlessly and execute their duties with astounding precision, for it does not need to be emphasised that success hasa father named planning and, of course, diligence. The Nigerian version of fighting force hasnever been any different from what obtains in other climes, delivering precision and successin amazing levels, to the level where they have become widely acclaimed in distinct fields and mannersof combat. The discipline that also tagsalong with maintaininga strong bulwark that can stand the test of any form of aggression, both internal and external, is not also lost on the army, as it is one of the most reverred institutions whose simulations, mode of operation, justice dispensation system, general organisation, archiving, documentation, process and system are more than worthy of emulation. The justice dispensation system obtainable in the army, as a single microcosm of the sterling attributes it possesses, is actuallyworthyof becoming both a case study and a model for the civilian penal code system. Looking at and comparing both of them, it would notbe hard to decipher which one a sane chooser would go for, given the opportunity to do so. It is so glaring that the speed, efficiency, transparency and fairness of the justice dispensation system the army portrays is one that is worthy of emulation. It is, of course, no news in recent times of court cases that have lingered up to ten years with no hope of conclusion in sight, in the civilian clime, while that can never be an issue with the military courts. Since transparency and balance of judgement are an indispensable tool in justice delivery, the army pridesitself asone of the most transparent institutionsdevoid of the shady and underhand dealings that are so rife around. Its speed of delivery and prosecution is also legendary– the rape case that involved some soldiersaswell as the case of false pretence and fraud involving an orderly of the former security adviser all readily come to mind in this regard. The trial was concluded in an unbelievable ten-hour sitting, which resulted in his summary dismissal from the force as well as the time he would do in jail-seven years. It isof course not to say that the military justice system is utopically faultless, in fact there hasbeen the clamour in some quarters that there is some disconnectbetween the military and Nigerian justice system in the realm of the fact that in the military, appealing a judgement is not done, but due to the peculiar circumstance of a crime, which is considered in the Nigerian justice system, a judgement may be appealed. In the Constitution, the right to life has been clearlyspelt out asan in alienable right of a citizen, but the discipline will not tolerate disobedience of any form, even when the order so given constitutes a threat to the life of such an officer. These and many more perceived misgivings and flaws of the army justice system are there for all to see, but that is not meant to lose sight of the fact that there are anglesto it that we need to take cue from. The military justice dispensation system isa model and template that has lots to offer the Nigerian judicial system in termsof efficacy, transparency, speed and process, and the sooner it avails itself of these inimitable qualities, the more it becomes a system to beat in the area of justice delivery. Speed in justice delivery isreassuring, and legal strength and response reliabilityenhances and enforces developmentasnational and institutional pride and ethos are preserved and promoted. Assurances of justice enhances support and culture of national resilience, while creating boundaries as judiciary delivers and judgement speaks, and themselves make laws and mend constitution. Therefore, the military model of justice delivery in terms of speed, practicality and smartness may be helpful towards our legal and judicial transformation process.
Posted on: Thu, 12 Sep 2013 18:35:19 +0000
Trending Topics
Recently Viewed Topics
© 2015