Lt. Felix Olanrewaju Odunlami V. The Nigerian Navy (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

I.M.M. SAULAWA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the General court Martial, holden at western Naval command, Naval Base, Apapa, Lagos state, which was delivered on July 27,2006. By the said judgment, the General court Martial convicted the Appellant for manslaughter and loss of a service property (a pistol), contrary to Sections 106 and 68(1)(A) of the Armed Forces Act, CAP A20, Laws of the Federation of Nigeria, 2004. The General court Martial thereby sentenced the Appellant to a term of life imprisonment and an outright dismissal from the Military service.

The facts and circumstances surrounding the instant appeal are not farfetched. They are discernible from the three volumes of the record of appeal transmitted to this court from the trial court. In the course of his career with the Nigerian Navy, the Appellant had served as a Naval officer on board the NNS BEECROFT. He was appointed as the officer in charge (o/c) of Anti pollution under the Lagos state Government Ministry of Environment, state secretariat, Alausa, Ikeja. Indeed, by virtue of his commission as a Naval officer, the Appellant was subject to service law in accordance with section 270(1) (a) of the Armed Forces Act (supra).

The genesis of the Appellant’s travails is traceable to July 25, 2005. That was the day the Appellant shot with his pistol one peter Ede, a commercial motorcyclist, popularly known as ‘Okada’. The said peter Ede died on the spot as a result of the gunshot wound. The incident occurred while the Appellant was driving his vehicle from the state secretariat, Alausa, Ikeja to his base at NNS Beecraft, Apapa. In the course of investigation of the incident, both the Appellant and the case file relating thereto were handed over by police to the Navy for departmental procedure. Consequently, the Flag officer commanding Western Naval command issued an order convening a General court Martial, under the Armed Forces Act (supra), to try the Appellant.

On February 2, 2006, the Appellant was arraigned before the General court Martial on two count charge of murder and loss of service property, contrary to sections 106 and 68 of the Armed Forces Act. The Appellant pleaded not guilty to the two count charge. The initial two count charge was however amended to a charge of three counts of murder, loss of service property, and conduct prejudicial to good service and discipline, contrary to sections 106, 69 and 103 of the Armed Forces Act respectively. For ease of reference, I have deemed it expedient to reproduce the amended three count charge as follows:

COUNT ONE

STATEMENT OF OFFENCE

MURDER CONTRARY TO SECTION 106 OF THE AFA CAP A20 LFN 2004.

PARTICULARS OF OFFENCE

You, Lt. FO Odunlami NN/2121 on the 25 Jul 05 without justification or excuse, unlawfully killed Mr. Edeh (deached) at Alausa, Ikeja when you intentionally shot the deceased and inflicted grievous bodily harm, thereby contravening section 106 of the AFA CAP A20 2004. This being on offence and liable on conviction by a Court Martial to suffer death.

COUNT TWO

LOSS OF SERVICE PROPERTY CONTRARY TO SECTION 68 OF THE AFA CAP A20 LFN 2004.

PARTICULARS OF OFFENCE

You, Lt. FO Odunkami NN/2121 on or about 25 Jul 05 loosed 8 rounds of 9 mm live ammo being service ammunition issued to you for your use in discharging the military task as OIC Anit – pollution Task Force, thereby contravening SECTION (1) (a) (e) of the AFA CAP A20 LFN 2004. This being an offence and liable on conviction by d court Martial to imprisonment for a term not exceeding two years or any less punishment provided by this Act.