Capt. O.D. Erizea V. Nigerian Army (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the Nigerian Army, 1 Mechanized Division General Court Martial sitting at 1 Division Headquarters Officers Mess, Kanta Road, Kaduna, presided over by Col. M.E. Odion (N/8437) as President, Col. J.O. Obasa (N/9025), Col. A. Garba (N/9496), Col. A.A. Bamgbose (N/9453), Lt. Col. B. Garke (N/9478), Lt. Col. S.I. Abdullahi (N/9854) and Lt. Col. R.B. Akindeyoje (N/9653); as members and Capt. A. Mohammed (N/12687) as the Judge Advocate, delivered on 25/4/2013 and confirmed on 7/11/2013 wherein the Appellant contrary to Section 55(a) of the Armed Forces Act, 2004 was convicted and sentenced to 2 years imprisonment subject to confirmation by ASA as contained at page 296 of the records.

The 2 charges against the Appellant in Charge No: 1 DIV/G1/300/32 contained on the undated NA Form B252 at pages 4-5 of the records read as follows:

STATEMENT OF OFFENCE: Fighting, Quarreling and Disorderly Behaviour punishable under Section 55(a) of the Armed Forces Act AP A20 Laws of the Federation of Nigeria, 2004

PARTICULARS OF OFFENCE: In that

1

you at Mates Club No 16 Wharf road Zaria on or about 9 August 2012 engaged yourself in a fight with one Emmanuel Fred Ebonyi

COC EKULIDE

Col

For General Officer Commanding

STATEMENT OF OFFENCE: Murder punishable under Section 106 (c) of the Armed Forces Act CAP A20 laws of the Federation of Nigeria, 2004

PARTICULARS OF OFFENCE: In that you at Zaria on or about 9 August 2012 without justification caused the death of one Mr Emmanuel Fred Ebonyi through unlawful act by struggling his car steering with him thereby causing the car to crash into a ditch resulting in the death of the deceased.

COC EKULIDE

Col