The Nigerian Army V. Lt. Patrick Dodo (2012)

LAWGLOBAL HUB Lead Judgment Report

M. MUKHTAR, J.S.C

This is an appeal against the decision of the Court of Appeal, Lagos Division, which affirmed the conviction of the appellant by the General Court Martial.

In the said court, the three counts charge against the appellant and his co-accused were as follows:-

“(1) Charge one:

Statement of offence: Conspiracy to steal contrary to section 516 of the criminal code Act and punishable under section 114 of the Armed Forces Decree 1993.

Particulars of offence: In that he at D.M.P. Ikoyi on or about May, 1998 conspired with others to steal the sum of N8.9 Million, being property of the Federal Government of Nigeria.

(2) Charge two:

Statement of offence: Stealing, contrary to and punishable under section 66(a) of the Armed Forces Decree, 1993.

Particulars of offence: In that he at D.M.P. Ikoyi on or about May, 1998 stole the sum of N8.9 Million being properly of the Federal Government of Nigeria.

(3) Charge three:

Statement of offence: Making of false documents contrary to and punishable under section 90(a) of the Armed Forces Decree 1993.

Particulars of offence: In that he at D.M.P. Ikoyi on or about May, 1998 connived with others to illegally include 53 fake ex-trainees in a pay schedule thereby defrauding the Federal Government of Nigeria of N8.9 Million.”

The General Court Martial after evaluating the evidence before it found the appellant and his co-offenders guilty as follows:-

“The court hereby finds Lt. Col. Yakubu, Lt. Dodo, Lt. Mohammed and Sgt. Goho guilty of the offences of conspiracy to steal N8.9m and stealing same property of the Nigerian Armed Forces.