MAINSTREAMING HUMAN RIGHT IN MILITARY JUSTICE SYSTEM IN NIGERIA

The principle of fair hearing is fundamental to national development, playing an indispensable role in the administration of justice. Despite its importance, its application is often beset by significant challenges and inconsistencies that compromise the possibility of a fair trial. Nigeria's military justice system contends with numerous issues, notably procedural irregularities and delays. Factors such as inefficient case management and prolonged pre-trial detentions contribute to these delays , which not only extend the legal ordeal for defendants but also risk compromising the integrity of the trial process itself. This situation fosters an unequal legal environment that inherently undermines the fairness of military trials. As the right to legal representation is a foundational element of a fair hearing, its absence can lead to profound injustice. This study aims to integrate human rights principles into the military justice system of Nigeria. The research finds that while the Nigerian constitution provides for the enforcement of fundamental human rights—including the right to a fair hearing, the right of an accused to remain silent, and the right to a timely trial—these mandates are not consistently upheld within the military justice framework. The study concludes that the Constitution guarantees a fair hearing and equitable treatment for any accused individual. Consequently, it is incumbent upon military commanders and courts-martial to ensure fairness is maintained at every stage, from arrest and pre-trial detention to arraignment and sentencing.