Mrs. Elizabeth Abdullahi & Ors v. Nigerian Army & Ors (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

EMMANUEL AKOMAYE AGIM, JSC (Delivering the leading judgment)

Brigadier General James Omebije Abdullahi (N/3173) was tried on a six-count charge by the General Court Martial at the Defence Headquarters, Joint Officers Mess, Mogadishu Cantonment, Asokoro, Abuja between 19th July to 30th August 2005 and convicted on five counts charge of stealing and conduct prejudicial to good order and service discipline contrary to sections 66(a) and 103(1) of the Armed Forces Act.

Following his said conviction, the General Court Martial sentenced him in the following terms –

“The court having taken into consideration that the accused person(s) has/have spent some days in close arrest in connection with the matters for which he/they/is/are before the court, sentenced the accused person(s) as follows:

Charge 1: Two years imprisonment

Charge 2: Two years imprisonment

Charge 3: Two years imprisonment

Charge 4: Two years imprisonment

Charge 5: Discharged and acquitted

Charge 6: Two years imprisonment.

The court orders sentence to run consecutively and that… property situated at Durumi District Phase 1, opposite Plots 741, Cadastral Zone B2 Durumi District, Abuja, behind former VIO office, along Games Village Road, Abuja near … Church in advanced stage of completion be forfeited by way of restitution to the Nigerian Armed Forces particularly the Nigerian Army.

The sentences and order of forfeiture by way of restitution announced in open court as being subject to confirmation. The president announces that the trial is concluded”

The sentence was signed on 30-9-2005.

The Army Council on 5-4-2006 confirmed the above sentence in the following terms –