SQN. LDR. S. I. OLATUNJI V. THE STATE

OGUNTADE, JCA (Delivering the Lead Judgment): The appellant, Sqn. Ldr. S. I. Olatunji was one of the nine Airforce officers who were arraigned on 26th July, 1996 on various counts. The appellant was the 6th accused. Nine counts were brought against the appellant before the General Court Martial sitting at Ikeja. The appellant was found guilty and sentenced to a total of45 years term of imprisonment.

Dissatisfied with his conviction and sentences, the appellant has brought this appeal. In the appellant’s brief filed in compliance with the rules of this court, the issues for determination were formulated thus:-

i. Whether or not the court below had jurisdiction to adjudicate on the charges preferred against the appellant when:-

(a) The lower court was convened in contravention of the Armed Forces Decree, 1993 (as amended)

(b) The trial of the appellant commenced more than three months after he ceased to be subject to service law as stipulated by section 169(2) of the Armed Forces Decree No…