SGT. AKAWU BALA V. NIGERIAN ARMY

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Lead Ruling): On 4/7/17, a motion on notice was moved by H.L. Haruna (Mrs.) on behalf of the Appellant Sgt. Akawu Bala. The motion was filed on 5/5/17. It seeks that we vary our order made pursuant to the judgment in Appeal No. CA/K/8/C/2016 so as to give effect to the meaning or intention of the judgment.

The motion was concerned specifically with the following conclusions in the judgment, viz: -

I. The appeal has merit;

II. The Appellant however cannot be discharged and acquitted as that will amount to validating the judgment that is a nullity; and

III. The judgment of the general Court Martial is hereby set aside.

From the affidavit in support of the motion on notice, it is clear that the Prison authorities have difficulty in giving effect to the drawn up order of this Court. They are not clear whether they are to release the Appellant or to continue to keep him in prison custody.

In the written address in support of the application, Dr…