Nigeria Air Force & V. Ex. Sqn. Leader A. Obiosa (2003)

LAWGLOBAL HUB Lead Judgment Report

O. EJIWUNMI, J.S.C. 

This appeal is against the judgment of the court below, (per Oguntade, Galadima and Aderemi, JJCA). Before that court, the appellant had appealed against his conviction by the General Court Martial. It is manifest from the records that the appellant was convicted upon the following charges and sentenced accordingly. They read thus: –

“(1) Making of false negotiable instrument contrary to section 112 (a) of the Armed Forces Decree, 1993 in that he at Lagos on or about 26 Mar., 96 forged CBN Cheque No. 00003.

(2) Forgery contrary to section 112 (a) of the Armed Forces Decree, 1993 in that he at Lagos on or about 27 Mar, 96 forged CBN Cheque No. 00004.

(3) Forgery contrary to section 112 (a) of the Armed Forces Decree, 1993 in that he at Lagos on or about 28 Mar., 96 forged CBN Cheque No. 00005.

(4) Making of forged negotiable instrument contrary to section 112 (a) of the Armed Forces Decree, 1993 in that he at Lagos on or about 29 Mar., 96 forged CBN Cheque No. 00006.

(5) Uttering a forged cheque contrary to section 112 (a) of the Armed Forces Decree, 1993 in that he at Lagos on or about 28 Mar., 96 fraudulently or knowingly uttered a forged CBN Cheque No. 00003.

(6) Uttering a forged cheque contrary to section 112 (a) of the Armed Forces Decree, 1993 in that he at Lagos on or about 27 Mar., 96 fraudulently or knowingly uttered forged CBN Cheque No. 00004.

(7) Uttering a forged cheque contrary to section 112 (a) of Armed Forces Decree, 1993 in that he at Lagos on or about 28 Mar., 96 fraudulently or knowingly uttered forged CBN Cheque No. 00005.

(8) Uttering a forged cheque contrary to section 112 (a) of Armed Forces Decree, 1993 in that he at Lagos on or about 29 Mar., 96 fraudulently or knowingly uttered forged CBN Cheque No. 00006.

(9) Stealing contrary to section 66 (a) of the Armed Forces Decree, 1993 in that he at Lagos on or about 27 Mar., 96 stole the sum of N16m property of the Nigerian Air Force.

(10) Stealing contrary to section 66 (a) of the Armed Forces Decree, 1993 in that he at Lagos on or about 27 Mar., 96 stole the sum of N17m property of the Nigerian Air Force.

(11) Stealing contrary to section 66 (a) of the Armed Forces Decree, 1993 in that he at Lagos on or about 28 Mar., 96 stole the sum of N15m property of the Nigerian Air Force.

(12) Stealing contrary to section 66 (a) of the Armed Forces Decree, 1993 in that he at Lagos on or about 27 Mar., 96 stole the sum of N4,300,000 property of the Nigerian Air Force.