Brigadier General Maude Aminun Kano V. Nigeria Army & Anor (2008)

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MARY U. PETER-ODILI, J.C.A.

This is an appeal against the confirmation of the Army Council under Section 151 of the Armed Forces Act Cap A20 laws of Federation of Nigeria after the General Court Martial (GCM) had tried the Accused/Appellant (hereinafter referred to as “Appellant”).

The GCM findings and Awards were given on the 20th October 2006 as subject to confirmation by the Army Council, which is the Confirming Authority. The Army Council confirmed by a letter.

STATEMENT OF FACTS

The Appellant was at all material times an officer of the Nigeria Army and former Commandant of the Nigeria Army School of Finance and Administration (NASFA). It was in that capacity as commandant that he wrote letters to the University of Nigeria, Nsukka (UNN) and Association of National Accountants of Nigeria (ANAN) in respect of the qualifications/academic records of some officers and the academic certificates issued to them. After a Board of Inquiry (801) into the authenticity or otherwise of the letters, a GCM was convened by Commander, Army HQ Garrison, Abuja to try the Appellant by virtue of Section 131 (1) (d) of the Armed Forces Act, Cap A20 LFN 2004 (AFA).

Seven charges were preferred against the Appellant as follows:-

(a) Charge 1

(1) Statement of Offence making of False Official Document punishable under Section 90(a) of the Army Forces Act Cap A 20 Laws of the Federation of Nigeria 2004.

(2) Particulars of Offence. That he at NASFA, Lagos on or about 27 May 2003 made and forwarded an Academic Transcript in respect of Col. (as he then was) PA Toun to University of Nigeria Nsukka, which transcript contained information relating to the grades obtained by Col PA. Toun during his Accountancy programme at NASFA, which to his knowledge was false in material particulars.

(b) Charge2

(1) Statement of Offence, Negligent performance of Duty punishable under section 62(b) of the Army Forces Act Cap A20 Laws of the Federation of Nigeria 2004.

(2) Particulars of Offence. In that he at NASFA, Lagos on or about 25th February 2003 as chairman of NASFA Academic board failed to exercise due diligence by not cross-checking facts before nullifying the HNO certificates awarded by NASFA to Brig. P.A. Toun, Col. N.E. Ekwale and 4 others.

(c) Charge 3

(1) Statement of Offence. Conduct to the Prejudice of Service Discipline punishable under Section 103(1) of the Army Forces Act Cap A20 Laws of the Federation of Nigeria.