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LT. FELIX OLANREWAJU ODUNLAMI V. THE NIGERIAN NAVY

(2011) JELR 49162 (CA)

Court of Appeal  •  CA/L/270/2008  •  31 Jan 2011  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA; RITA NOSAKHARE PEMU JCA;

Judgement

I.M.M. SAULAWA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the General court Martial, holden at western Naval command, Naval Base, Apapa, Lagos state, which was delivered on July 27,2006. By the said judgment, the General court Martial convicted the Appellant for manslaughter and loss of a service property (a pistol), contrary to Sections 106 and 68(1)(A) of the Armed Forces Act, CAP A20, Laws of the Federation of Nigeria, 2004. The General court Martial thereby sentenced the Appellant to a term of life imprisonment and an outright dismissal from the Military service.

The facts and circumstances surrounding the instant appeal are not farfetched. They are discernible from the three volumes of the record of appeal transmitted to this court from the trial court. In the course of his career with the Nigerian Navy, the Appellant had served as a Naval officer on board the NNS BEECROFT. He was appointed as the officer in charge (o/c) of Anti pollution…

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