[ORDER NOW]: The Judge Advocate and his Duties in A Court Martial Trial – By a Veteran Military Lawyer, Col BU Okorie
“Those who excel in war first cultivate their own humanity and justice and maintain their laws and instructions”. – Sun Tzu
A Judge Advocate (JA) is a military officer with legal training who has the mixed duties of advising a court-martial on legal matters and at the same time acting as adviser to the prosecution and the defence when the need arises.
As a matter of fact, the JA begins to perform his roles from the moment the convening order is out and continues to do so up to the time the record of proceedings is submitted. Ordinarily, one can say that he is the live wire of the court-martial proceedings.
For instance, whereas the court can substitute any of the members through the waiting member and continue its proceedings, the same is not true with the JA. If the JA is unable to continue sitting with a court for whatever reason, that court must be dissolved and the trial started de novo with a new JA.
This is a rule of convenience that accords with fair hearing since there is no waiting JA to substitute the absentee JA. This is tantamount to the practice in civil courts where part-heard cases must be started de novo if a new Judge takes over the case”
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