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SURGEON CAPTAIN C. T. OLOWU V. THE NIGERIA NAVY

(2006) JELR 33400 (CA)

Court of Appeal  •  CA/L/54/03  •  9 Nov 2006  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; PAUL ADAMU GALINJE JCA; ADZIRA GANA MSHELIA JCA;

Judgement

CLARA BATA OGUNBIYI, J.C.A (Delivering the Leading Judgment): This is an appeal brought by the appellant against the confirmation by the Navy Board, of the conviction and sentence of a General Court martial herein referred to as "GCM" delivered on 21st February, 2002.

The appellant was until his said trial and conviction the Captain Medical Centre (CMC) of the Naval Medical Centre, Mobil Road, Apapa, Lagos. He as in other words a consultant obstetrician and Gynaecologist and former Commander of the Nigerian Navy at the said centre.

By a convening order dated 17th September, 2001, the Flag Officer Commanding (FOC) Western Naval Command convened the said GCM to try the appellant on a one count charge of failure to perform military duties contrary to section 62 (b) of the Armed Forces Decree 105 of 1993 (as a ended).

At the appellant's arraignment but before the charge could be read to him, he raised a preliminary objection challenging the jurisdiction of the court martial to entertain …

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