Critical Analysis Of The Military Justice System In Nigeria

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RESEARCH PROJECT TOPIC ON CRITICAL ANALYSIS OF THE MILITARY JUSTICE SYSTEM IN NIGERIA
CHAPTER ONE INTRODUCTION
1.1 GENERAL BACKGROUND OF THE STUDY
Over the ages, man has always lived together and interacted in one form or the other with one another. These interactions have become more complex and sophisticated with the evolution of modern societies and organizations. The competing demand for scarce resources and self-actualization which sometimes put man in confrontation with one another[1] hence, the necessity for the regime of law to curb man‟s existence, and ensure a peaceful society[2] .
Law, as defined by Black‟s Law Dictionary is a rule of law conduct, procedure or custom, recognized by a community as binding or enforceable by authority[3] . Although, it is difficult to have a definition of law that is all encompassing and generally accepted, this definition has been adopted because it captures the essence of this research. There is no objective organization or community that has no set or body of laws which regulate the conduct of the society and ensure the greatest good for the greatest number if strictly and impartially enforced. It also creates social stability and harmonious living.
The concept of justice is also closely related to the strict application of law. Justice has been defined by the Encarta Dictionary as Fairness or reasonableness especially in the way people are treated, decisions are made and Law enforced[4] Thus, justice encourages the maintenance and administration of  fairness, the impartial adjustment of conflicting claims and assignment of rewards and punishments[5] . The notion of justice is embedded in the administration of criminal justice system. The criminal justice system is the procedure saddles with the efficient application and just adjudication of all violations of the law in an organization[6] . It is concerned with the judicious and procedural application of law without fear, favour or affection.
The rule of law on the other hand is the foundation for liberty and order[7] . It emphasizes the supremacy of due process. It respects all and allows us to organize our lives, plan our future and resolve disputes in a rational way; it also forbids arbitrariness. The rule of law ensures that the guilty should not go unpunished[8] .
[1] Montesquieu P. Sociology of Man, (Novato, Presido Press, (1995) P. 15
[2] Roscoe, Pound. The Law as a Social Engineering Tool ( New York, Osmond press 1960) p. 72
[3] Black HC Blacks Law Dictionary Sixth Edition St Paul Minnesota. West Publishing Company (1979) P 864
[4] Encarta Dictionary, (2007) edition P. 147
[5] Section. 36(6) of the Constitution of the Federal Republic of Nigeria. Cap C. 23 Laws of the Federation of Nigeria (2004).
[6] Okey, Achike Groundwork of Military Law and Military Rule in Nigeria, Enugu. Fourth Dimension Publishers (1999), p. 55.
[7] OPcit
[8] Decision of Supreme Court in the State v. Madunmagu (1993) 20 NWLR p. 130

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