Thursday, July 2, 2015

Double jeopardy issue in quick Nigerian case?

This news report describes how a Nigerian Army soldier was court-martialed for robbing a civilian at knife-point while in uniform. It seems that following the court-martial, which resulted in his dismissal from the service, he was turned over to civilian police:
[Lance Corporal Itugbu Augustine] Omorodion's dismissal was announced after a court martial at the 14 Brigade of the Nigerian Army. Captain Sydney Mgbemena who spoke on behalf of the Brigade, revealed that investigations conducted on the soldier indicated that he was granted pass to travel to Benin in Edo State to see his family. 
He said: 
“It was, however, established that rather than proceed to Benin, the soldier proceeded to Aba, wearing the Nigerian Army camouflage uniform, which contravenes Nigerian Army’s standing instruction in respect of the use of uniforms when not on official duty. 
Consequently, the soldier was charged, tried, found guilty and subsequently dismissed from service in line with the provision of the Armed Forces Act Caps A20, Laws of the Federation of Nigeria, 2004.” 
The uniformed robber was therefore handed over to police for further necessary action.
Wouldn't a civilian trial now be barred by double jeopardy? Perhaps a reader in Nigeria can shed some light on this with a comment. [Real names only, please.]

Only two weeks elapsed between the soldier's arrest and conviction. That's a speedy trial.

1 comment:

  1. Interesting. But, did the military discipline him for the uniform violation only? And if so, does that prevent a double jeopardy "defense." If, in the US a person was convicted in federal court, I'm not sure a later court-martial for an orders violation would be barred by double jeopardy questions?


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