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MAJOR LAWRENCE OLADEJO FATOKUN v. THE NIGERIAN ARMY & ANOR

(2014) JELR 42231 (CA)

Court of Appeal  •  CA/L/366/2002  •  14 Feb 2014  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; CHINWE EUGENIA IYIZOBA JCA; TIJJANI ABUBAKAR JCA;

Judgement

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the decision of the General Court Martial constituted by convening order pursuant to Armed Forces Decree 105 of 1993 the convening order was signed by Major General K.O. Ojomo to try the Appellant Major L.O. Fatokun N/7405.

The charge against the Appellant as stated in the convening order is as follows:

a) Disobedience to standing orders under Section 57 of the Armed Forces Decree 105 of 1993 (as amended) in that he did not abide by the proper workshop procedures for issuing spare parts, which stipulates that AFG 890 (NAEME) stores demand and expense voucher be approved and signed by the OC before spare parts can be collected from the store.

b) Offences in relation to public and service property contrary to section 66(a) of the Armed Forces Decree of 1993 (as amended) for being concerned in the loss of spare parts listed in Appendix 1 to Annex A through pilfering and multiple demands.

The convening o…

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