Capt. B. O. Akanni V. The Nigerian Army & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the conviction and sentence handed down to the Appellant by the General Court Martial sitting in Ibadan and convened to try the Appellant on a two count charge thus:

a. COUNT ONE:

Conspiracy to steal contrary to S. 518(b) of the Criminal Code and punishable under S. 114(1) AFD1993.

Particulars of the offence:

In that you at Ibadan on or about 312100 A Oct 97 at COD MT & TECH conspired with your subordinate soldiers to steal quantity 264 metal panels and quantity 12 wires from shed 6.

b. COUNT TWO:

Offence in relation to service property punishable under S. 66(a) AFD 1993.

Particulars of the Offence:

In that you at Ibadan on or about 3121004 Oct 97 at COD MT & TECH connived with your subordinates soldiers to steal quantity 264 metal panels and quantity 12 wires from shed 6.

The brief facts are that the Appellant a commissioned officer of the Nigerian Army with the rank of Captain was the Administrative officer at the 2 Mech Div. Ibadan when an incident of theft was carried out. Particularly, the theft of metal

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panels and wire rolls which were removed from the stores on the 31st October, 1997 by some soldiers and civilians. The Appellant being the officer in charge was indicted and tried by the General Court Martial. Three witnesses testified on each side after which the General Court Martial found him guilty of the first count while discharging him on the second count. The Appellant dissatisfied with the sentence filed a Notice of appeal on the 27/03/15 setting out 8 grounds of appeal.

The Appellant filed his Appellant’s Brief on the 12/5/15 settled by Akin Kejawa and a reply to the Respondents’ brief on 18/5/16. The Respondents’ Brief settled by Toyin Bashorun dated 6th May, 2016 was filed on the 6/5/16.