24/02/2021
Jurisdiction On Professional Misconducts
The Armed Forces is made up of service personnel from different professional backgrounds which includes: Doctors, Lawyers, Engineers, Scientists etc. Where any of these professionals commits an offence relating to his professional standing, conflict may arise as to the proper forum to discipline him. Whether it is the disciplinary organ of his professional body or by the military through summary trial or Court Martial.
In the case of Oluwa v. The Nigerian Navy 18 NWLR (Pt. 1279) 659 S.C, the appellant, a consultant obstetrician and gynaecologist in the Nigerian Navy Medical Centre, Apapa, as part of his military assignment as a medical officer and as the commander of the medical centre was arraigned before the General Court Martial for negligent conduct which amounts to professional misconduct in the course of his duty. He contended that it was the disciplinary committee or the tribunal set up under the Medical and Dental Practitioners Act that is competent to try him and not the GCM. The respondent contended that the appellant, being a medical practitioner in the employment of the Nigerian Navy, is subject to military law, and as such can be tried by the GCM for the offence committed in the course of performing his duty. In resolving the issue against the appellant, the Supreme Court, per Muntaka-Coomassie, JSC stated thus:
“It will not only lead to absurdity to say that an employer cannot discipline its employees but also a negation of the principle of master and servant relationship, when a professional tallies up an employment under the military he has by that act subjected himself to the military law. In the instant case, the appellant is a Navy Captain in the Nigerian Navy and a Commander of the Medical Centre Apapa. I therefore have no hesitation in resolving this issue against the appellant.”
Therefore, egardless an offence amounting to a professional misconduct under the Medical and Dental Practitioners' Act, Legal Practitioners' Act or any other professional act, disassociating or excluding a professional from military justice system would certainly amount to an absurdity as there is a master and servant relationship herein. It is proper for a professional military officer to be tried by the military justice system (Court Martial).
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