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MAJOR T. AKINLADE v. THE STATE

(2010) JELR 33235 (CA)

Court of Appeal  •  CA/I/104/2006  •  8 Jun 2010  •  Nigeria

Coram
STANLEY SHENKO ALAGOA JCA; SIDI DAUDA BAGE JCA; MODUPE FASANMI JCA;

Judgement

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the General Court Martial of the 2nd Mechanised Division of the Nigerian Army delivered on the 18th March 1996 and confirmed by the Appropriate Superior Authority on the 5th April 1996. The Appellant, a Major with the Nigerian Army Corps of Supply and Transport School, Benin was tried along with three others. The charges against him were as follows -

COUNT 1 - Disobedience to standing order contrary to section 57(1) of the Armed Forces Decree 1993 in that he at Benin on or about the 21st November 1995 disobeyed MT Standard Orders by detailing a military vehicle on unauthorized journey.

COUNT 2 - Committing a civil offence contrary to section 114 of the Armed Forces Decree 1993, that is to say Official Corruption contrary to section 98(1)(b) of the Criminal Code, in that he at Benin on or about the 21st November 1995 did corruptly enrich himself by agreeing to receive the sum of …

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