L/Cpl- Musa Mohammed 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 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 12/6/2013, wherein the Appellant with 5 others pursuant to Section 62(b) of the Armed Forces Act, 2004, was convicted and sentenced 2 years imprisonment and reduced to 18 Months by the confirming authority.

The lone charge against the Appellant in Charge NA Form B252, dated 31/7/2012 at pages 4-5 of the records reads as follows:

STATEMENT OF OFFENCE: Failure to perform Military duty contrary to Section 62(b) of the Armed Forces Act CAP A20 Laws of the Federation of Nigeria, 2004

?PARTICULARS OF OFFENCE: In that you on 7 February, 2012 while on duty at Headquarters 1 Division

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Nigerian Army negligently performed your Military Duty thereby allowing suicide bombers access to the Division Complex.

COC EKULIDE

Col

For General Officer Commanding

The facts of the case by the Respondent is that the Appellant who was on duty at the main gate of 1 Division Headquarters on 7/2/2012 negligently performed his Military Duty thereby allowing suicide bombers access to the Division Complex. The Appellant’s case is that having been detailed on the said date, he finished his sentry at about 12.00 noon, handed over to LCPL Ejenayi Chukwuma and LCPL Collins Olubusola and entered the guard room to rest when after about 10 minutes, he heard the sound of an explosion.

When he rushed out to see, it turned out to be an attack in his duty location. At the trial, the Respondent’s sole witness testified while the Appellant defended himself and made a no case submission which was overruled. Eventually, he entered his defence and rested his case on that of the Respondent. At the conclusion, the Appellant was convicted and sentenced to 2 years imprisonment contrary to Section 62(b) of the AFA, 2004, later reduced to 18 months by the confirming

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authority. Dissatisfied with the said conviction and sentence, he appealed vide an Amended Notice of Appeal dated 13/11/2015 and filed on 17/11/2015, wherein he raised 6 Grounds of Appeal hereunder reproduced without their particulars: