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M.W.O. KENABU PHILIP v. NIGERIAN ARMY

(2016) JELR 41877 (CA)

Court of Appeal  •  CA/K/415/C/2015  •  4 Mar 2016  •  Nigeria

Coram
UWANI MUSA ABBA-AJI JCA; IBRAHIM SHATA BDLIYA JCA; OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA;

Judgement

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment):

This is an appeal against the decision of the 1 Division General Court Martial of the Nigerian Army, sitting at 1 Division Headquarters Officers' Mess, Kanta Road, Kaduna, presided over by Col. M.E. Odion (N/8437) as President, Col. J.O. Obasa (N/9025), Col. A. Garba (N/9496), Col. A.A. Bamgbose (N/9453), Lt. Col. B. Garke (N/9478), Lt. Col. S.I. Abdullahi (N/9854) Lt. Col. R.B. Akindoyeje (N/9653) as members; Capt. A. Mohammed (N/12687) as Judge Advocate, delivered on 24/3/2013 and confirmed on 4/4/2014, wherein the Appellant contrary to Section 56(2) of the Armed Forces Act, CAP A20, LFN 2004, was convicted at page 129 and his rank reduced to SSgt subject to confirmation by Appropriate Superior Authority (ASA) as contained at page 131 of the records.

The charge against the Appellant dated 31/7/2012 contained on the NA Form B252 at page 4 of the records reads as follows:

STATEMENT OF OFFENCE: Disobedience to Particular Order…

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