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SGT. NASIRU JIBRIN V. THE NIGERIAN ARMY

(2021) JELR 109617 (CA)

Court of Appeal  •  CA/J/261/C/2020  •  19 Jul 2021  •  Nigeria

Coram
Monica Bolna'an Dongban-Mensem, JCA Elfrieda Oluwayemisi Williams-Dawodu, JCA Boloukuromo Moses Ugo, JCA

Judgement

MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the General Court Martial (GCM) convened by the General Officer Commanding 3 Division, Nigerian Army and presided over by Brig. Gen. K.H. Oburo. The judgment was delivered on 29/01/2019 wherein the Accused Person now Appellant was convicted for Abduction, Defilement and Disgraceful Conduct contrary to Sections 272 and 273 of the Penal Code, 1963 by virtue of Section 114 of the Armed Forces Act, CAP A20 Laws of the Federation, 2004, Section 78 Armed Forces Act and Section 93 of the Armed Forces Act, respectively. The confirmation of the General Court Martial (GCM) sentence was delivered on 27/11/2019 wherein the sentences on Abduction and Defilement were confirmed while the sentence on Disgraceful Conduct was quashed.

The brief facts leading up to this appeal according the Appellant's Brief of Argument are that;

"The Appellant was charged with the offences of abduction, de…

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