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REAR ADMIRAL FRANCIS ECHE AGBITI V. THE NIGERIAN NAVY

(2007) JELR 33859 (CA)

Court of Appeal  •  CA/L/361/2005  •  11 Dec 2007  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; PAUL ADAMU GALINJE JCA; ADZIRA GANA MSHELIA JCA;

Judgement

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the General Court Martial (hereinafter to be referred to as the lower Court) sitting at Lagos.

The Appellant, who was a Rear Admiral in the Nigerian Navy was jointly charged along with two other officers of the Navy for the offence of conspiracy to commit felony contrary to Section 114 (1) of the Armed Forces Act, Cap A20 of the Laws of the Federation of Nigeria 2004. Thereafter he was charged and tried individually on a five counts charge of conduct to the prejudice of service discipline and alteration of service document contrary to section 103 (1) and 90 (b) of the Armed Forces Act, Cap A20, Laws of the Federation of Nigeria 2004.

The Appellant pleaded not guilty to all the counts. The matter was then set down for trial. At the end of trial, in which both the prosecution and the defence called witnesses, the lower Court, in a reserved and considered judgment which was delivered o…

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