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CAPTAIN K. A. ADETA v. NIGERIAN ARMY

(2016) JELR 36993 (CA)

Court of Appeal  •  CA/K/234/2015  •  26 Feb 2016  •  Nigeria

Coram
UWANI MUSA ABBA-AJI JCA; ISAIAH OLUFEMI AKEJU JCA; IBRAHIM SHATA BDLIYA JCA;

Judgement

UWANI MUSA ABBA-AJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Nigerian Army, 1 Division General Court Martial sitting at 3 Division Officers Mess, Maxwell Khobe Military Cantonment, Jos, presided over by Col. JJ Ogunlade (N/8845) as President, Col. MT Waboke (N/9081), Col. JO Sokoya (N/9382), Col. M. Kadri (N/9659), Col. MW Abubakar (N/9814), Col. AA Bamgbose (N/9453) Col. NA Abdulrahim (N/8986) and Col. EM Albara (N/9115), as members;

Lt. Col. B Garke (N/9478) as Waiting Member and Capt. A. Mohammed (N/12687) as Judge Advocate, delivered on 20/1/2015 and confirmed on 8/4/2015, wherein the Appellant contrary to Section 62 (b) of the Armed Forces Act, CAP A20, LFN 2004, was convicted and sentenced 2 years imprisonment subject to confirmation by Appropriate Superior Authority (ASA) as contained at page 113 of the records.

The charge against the Appellant contained on the NA Form 8252 at page 6 of the records reads as follows:

STATEMENT OF OFFE…

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