THE NIGERIAN ARMY V. COL. UMAR MOHAMMED

BELGORE, JSC (Delivering the Lead Judgment): This appeal has no merit. The President of the General Court-Martial no doubt went to town virtually finding the respondent guilty before the end of the trial. Several documents, received in evidence ought not to have been admitted in view of Evidence Act, section 2. The respondent never had a fair trial and the judgment amounts to miscarriage of justice. Court of Appeal was perfectly right to allow the appellant’s appeal.

It is true court-martial is a military court, it is however always bound by rules of evidence and manifestation of fair trial. The respondent was virtually not allowed a fair trial. I find no reason to disturb the judgment of Court of Appeal. The appeal is therefore dismissed.

KUTIGI, JSC: I agree with the judgment of my learned brother, Belgore,JSC that there is no merit in this appeal. I have carefully read through the record myself and found nothing useful in it which could be urged in favour of the appellant. The ap…