judy.legal
Login Register

NIGERIAN NAVY & ORS V. LT. COMMANDER S. A. IBE LAMBERT

(2007) JELR 41087 (SC)

Supreme Court  •  SC.139/2006  •  21 Sep 2007  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JSC; GEORGE ADESOLA OGUNTADE JSC; MAHMUD MOHAMMED JSC; FRANCIS FEDODE TABAI JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC;

Judgement

G. A. OGUNTADE, J.S.C (Delivering the Leading Judgment): The respondent, Lt. Commander S. A. Ibe Lambert was an officer in the Nigerian Navy. She was arraigned before a General Court Martial (hereinafter referred to as 'the trial tribunal') on 9-07-97 on a five count charge. At the conclusion of trial, she was discharged and acquitted on four of the five counts but found guilty on the 3rd count which reads:-

"Disobedience to correct standing orders contrary to section 57(1) of the Armed Forces Decree No. 103 of 1993 as amended."

Dissatisfied with her conviction, she appealed before the Court of Appeal, Lagos (hereinafter referred to as 'the court below'). The court below on 6-12-2005 allowed her appeal and the respondent was discharged and acquitted. The appellants have come on a final appeal against the judgment of the court below. In their appellants' brief, the two issues identified for determination in the appeal read:-

"1. Was the Court of Appeal right to find that there was no c…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login