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CAPTAIN N. AHMED (NN/1427) v. NIGERIAN NAVY

(2017) JELR 37225 (CA)

Court of Appeal  •  CA/L/1163/2014  •  14 Jul 2017  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; TIJJANI ABUBAKAR JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from the judgment of a Special Court Martial (Court-martial) convicting the appellant of negligence and loss of service property and conduct prejudicial to service discipline and sentencing the appellant to 3 years loss of seniority on rank, a fine of N354,330.00 and reduction to the rank of Commander (Cdr) of 4 years with consequential effect of loss of command in the Navy forever.

In outline, the facts as presented by the appellant were that the appellant was in command of a Nigerian Navy ship NNS LANA. Other officers and some ratings were under the appellant onboard the ship at the material time. On 13-11-12 the armourer of the ship raised alarm that two browning pistols and 100 rounds of ammunition were missing from the armoury on the ship.

The appellant commenced investigation into the matter. Before the appellant would proceed deep into the investigation the Fleet Commander and the Flag Officer Command…

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