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WARRANT OFFICER BANNI YAKUBU v. NIGERIAN ARMY

(2014) JELR 41982 (CA)

Court of Appeal  •  CA/A/82C/2010  •  10 Dec 2014  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA; MOORE A. A. ADUMEIN JCA; JOSEPH E. EKANEM JCA;

Judgement

JOSEPH E. EKANEM, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the General Court Martial that sat at the Defence Headquarters, Mogadishu cantonment, Asokoro, Abuja and which tried the appellant along with another person for Conspiracy contrary to Section 517 of the Criminal Code Act, punishable under Section 114 of the Armed Forces Act Cap. A 20 Laws of the Federation of Nigeria 2004.

The appellant and his co-accused person pleaded not guilty to the charge' on 20th day of December, 2007, the General Court Martial found the appellant and his co-accused guilty and in its sentence reduced the appellant in rank to a Corporal.

The case of the respondent against the appellant and his co-accused person is that in or about 2000, while acting as the Chief clerk of the Army Headquarters DOAA, the appellant along with his co-accused who was a member of the (Army) promotion Board 2006 conspired with two other persons in getting the two persons promoted knowi…

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