Captain K. A. Adeta V. Nigerian Army (2016)

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 Division General Court Martial sitting at 3 Division Officers Mess, Maxwell Khobe Military Cantonment, Jos, presided over by Col. JJ Ogunlade (N/8845) as President, Col. MT Waboke (N/9081), Col. JO Sokoya (N/9382), Col. M. Kadri (N/9659), Col. MW Abubakar (N/9814), Col. AA Bamgbose (N/9453) Col. NA Abdulrahim (N/8986) and Col. EM Albara (N/9115), as members;

Lt. Col. B Garke (N/9478) as Waiting Member and Capt. A. Mohammed (N/12687) as Judge Advocate, delivered on 20/1/2015 and confirmed on 8/4/2015, wherein the Appellant contrary to Section 62 (b) of the Armed Forces Act, CAP A20, LFN 2004, was convicted and sentenced 2 years imprisonment subject to confirmation by Appropriate Superior Authority (ASA) as contained at page 113 of the records.

The charge against the Appellant contained on the NA Form 8252 at page 6 of the records reads as follows:

STATEMENT OF OFFENCE: Failure to perform military duties punishable under Section 62 (b) of the Armed Forces Act CAP A20 Laws of the Federation of Nigeria

2004.

PARTICULARS OF OFFENCE: In that you at Giwa Barracks Maiduguri on or about 14 March, 2014 negligently performed your duty as the No. 3 Platoon (Tango 3) Commander which facilitated the attack of Giwa Baracks by suspected Boko Haram terrorists.

KC OSUJI

Mai Gen

GOC

The facts of the case are that the Appellant who at the material time of this case was a Captain of the Nigerian Army at Depot Nigerian Army and the Platoon Commander of Tango 3 at Giwa Barrack, Maiduguri, Borno State. That on or about 14/3/20/4, he negligently performed his duty as the No.3 Platoon (Tango 3) Commander which facilitated the attack of Giwa Barracks by suspected Boko Haram terrorists. Therefore, he with other military personnel was tried by a Court martial in Kaduna and convicted as charged and sentenced to 2 years imprisonment. During the trial, the prosecution called 1 witness and tendered Exhibits PW1(a) and PW1(b).

The Appellant being dissatisfied with the said conviction and sentence appealed with the leave of this Court granted on the 1/715, vide a Notice of Appeal dated and filed on 3/72015, wherein he raised 14 Grounds of Appeal hereunder

reproduced without their particulars:

GROUNDS OF APPEAL