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THE CHIEF OF AIR STAFF & ORS. V. WING COMMANDER P. E. IYEN

(2005) JELR 45218 (SC)

Supreme Court  •  SC.217/2002  •  28 Jan 2005  •  Nigeria

Coram
SYLVESTER UMARU ONU JSC; AKINTOLA OLUFEMI EJIWUNMI JSC; NIKI TOBI JSC; DAHIRU MUSDAPHER JSC; DENNIS ONYEJIFE EDOZIE JSC;

Judgement

EJIWUNMI, JSC. (Delivering the Leading Judgment): The question that calls for determination in this appeal falls within a very narrow compass. And it is whether a person whose trial was a nullity should be discharged or discharged and acquitted for the offences for which he was tried and convicted. The facts relevant to the appeal are straightforward and may be put thus:- The respondent who was a Wing Commander in the Nigerian Air Force was attached to its Pay Accounting Group until the month of April, 1996. Before then, it was discovered that with ten other officers of the Nigerian Air Force and all attached to the Pay Accounting Group were involved with fraudulent offences which included stealing, corruption and conspiracy to commit several civil offences. As a result of this discovery, the ten officers were arraigned before the General Court Martial (GCM). But when the court was convened for the trial of the ten officers, the respondent was not present. The General Court F1 Martial…

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