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COLONEL DAVID GABRIEL AKONO v. THE NIGERIAN ARMY

(2000) JELR 44149 (CA)

Court of Appeal  •  CA/L/96M/98  •  13 Jul 2000  •  Nigeria

Coram
ATINUKE OMOBONIKE IGE JCA; SULEIMAN GALADIMA JCA; PIUS OLAYIWOLA ADEREMI JCA;

Judgement

IGE, J.C.A. (Delivering the Leading Judgment): This is a case tried by the General Court Martial. This appeal is against the judgment of a General Court Martial convened on 17th day of January, 1997 by a convening order.

The appellant was arraigned on a 3 count charge namely:-

"a. Charge 1: Conduct to the prejudice of service discipline contrary to s. 103(1) of the AFD 105 of 1993. The particulars of this charge are that he on or about October 1996 in a memo sent to the COA(A) dated 28 October, 1996 lied about the position of his transaction with Chief E. Igbokwe, a conduct prejudicial to service discipline.

b. Charge 2: Conduct to the prejudice of service discipline contrary to s. 103(1) of the AFD 105 of 1993. The particulars of the charge are that he on or about October 1996 wrote a letter to one Chief E. Igbokwe, contents of which portrayed the NA in bad light, a conduct prejudicial to service discipline.

c. Charge 3: Scandalous conduct of an officer contrary to s. 91 of the A…

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