Lieutenant Anthony I. Bakoshi & Ors V. Chief of Naval Staff & Ors (2003)

LawGlobal-Hub Lead Judgment Report

SIMEON OSUJI EKPE, J.C.A.

The appellants above-named, were arraigned along with three others, before a General Court Martial presided over by Navy Captain S. E. A. Olamilokun, sitting at the Naval Base, Calabar, on a two count charge of conspiracy and stealing 5,700 litres of diesel, supplied to NNS Hadejia, property of the Nigerian Navy valued at N108,300 (one hundred and eight thousand, three hundred Naira). The appellants who pleaded not guilty were however tried and found guilty on the two count charge by the court. In its judgment delivered on the 9th day of February, 2000, the court sentenced each of the appellants to one year imprisonment on each count charge.

Dissatisfied with their convictions and sentences, the appellants have brought this appeal on five grounds of appeal which read thus:

“Ground 1:

The judgment of the General Court Martial is altogether unreasonable, unwarranted and cannot be supported having regard to the evidence.

Ground 2:

The General Court Martial trial and decision were a complete nullity thus, rendering the judgment void.

Particulars

(a) None of the members of the General Court Martial took oath or affirmed before the trial of the appellants, contrary to the mandatory provisions of section 138 of the Armed Forces Act, 1993.

(b) There was no convening order directing the sitting of the court, and trial of the appellants as required by law.

(c) The judgment of the court as shown on pages 431 to 445 of the record of proceedings was not signed or authenticated by the President or any member of the Court Martial.

Ground 3:

The General Court Martial erred in law, in denying the appellants a lawyer of their choice.

Particulars