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LIEUTENANT ANTHONY I. BAKOSHI & ORS v. CHIEF OF NAVAL STAFF & ORS

(2003) JELR 44906 (CA)

Court of Appeal  •  CA/C/138/2001  •  15 May 2003  •  Nigeria

Coram
RAPHAEL OLUFEMI ROWLAND JCA; SIMEON OSUJI EKPE JCA; ISTIFANUS THOMAS JCA;

Judgement

SIMEON OSUJI EKPE, J.C.A. (Delivering the Leading Judgment): The appellants above-named, were arraigned along with three others, before a General Court Martial presided over by Navy Captain S. E. A. Olamilokun, sitting at the Naval Base, Calabar, on a two count charge of conspiracy and stealing 5,700 litres of diesel, supplied to NNS Hadejia, property of the Nigerian Navy valued at N108,300 (one hundred and eight thousand, three hundred Naira). The appellants who pleaded not guilty were however tried and found guilty on the two count charge by the court. In its judgment delivered on the 9th day of February, 2000, the court sentenced each of the appellants to one year imprisonment on each count charge.

Dissatisfied with their convictions and sentences, the appellants have brought this appeal on five grounds of appeal which read thus:

"Ground 1:

The judgment of the General Court Martial is altogether unreasonable, unwarranted and cannot be supported having regard to the evidence.

Ground…

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