Lieutenant Idrissa Baba Adamu (Nn/2539) V. The Nigerian Navy (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment)

Friday, the 11th Day of May 2012 was a Bloody Day in the Apartment of Mr. Ose Pedro (now deceased) at close 52, House 11, Satelite Town, Lagos. It was a day described as a very bloody day by virtually all the witnesses who testified at the trial of the Appellant, Lt. Idrissa Baba Adamu (NN/2539) before the General Court Martial on a one count charge of Manslaughter contrary to Section 105 (a) of the Armed Forces Act Cap A20, Laws of the Federation of Nigeria 2004.

Now, whether the flowing of blood was caused by the deceased on himself as contended by the Appellant or was caused by the Appellant on the deceased as found by the General Court Martial is the big question begging for answer in this Appeal. However, one thing is certain and that is Mr. Ose Pedro had died on that bloody day at the Nigerian Navy Reference Hospital Ojo, Lagos, where he was rushed to by the Appellant shortly after the flow of blood.

The General Court Martial, hereinafter simply referred to as “GCM“, convened for the trial of the Appellant had in its decision delivered on 16/7/2013 convicted and sentenced

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the Appellant to life imprisonment for the Manslaughter of the deceased at page 423 of the Record of Appeal. Subsequently, however the sentence of life was commuted to 15 years imprisonment by the Board of the Nigerian Navy at page 4 of the supplementary Record of Appeal. The Appellant was thoroughly dissatisfied with his conviction and sentence and had sought and obtained the leave of this Court on 15/5/2014 to appeal against the said decision of the General Court Martial.

This is thus an appeal against the decision of the General Court Martial sitting in Lagos delivered on 16/7/2013 in case Ref, No. HQNTC/001/VOL. VIII/71: The Nigerian Navy v. Lieutenant Idrissa Baba Adamu, in which the Appellant was convicted for the offence of Manslaughter contrary to Section 105 (a) of the Armed Forces Act LFN 2004 and sentenced to life imprisonment, subject to the confirmation and approval of the convening Authority or Board of the Nigerian Navy.

By a Notice of Appeal filed on 19/5/2014, the Appellant has appealed to this Court on two grounds and praying this Court to allow the appeal and to quash his conviction and order his immediate release from custody,

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directing his promotion to the rank he is supposed to be if he had not been tried and incarcerated and to also order payment of compensation to him for his wrongful convition and detention by the Respondent. With the leave of Court, the Appellant filed on 27/4/2015 a Further Amended Notice of Appeal on four grounds but deemed properly filed on 4/6/2015.

The Record of Appeal was transmitted to this Court on 19/5/2015. The Amended Appellant’s brief was duly filed on 1/3/2016. The Respondents Amended brief was duly filed on 19/2/2016. The Appellant’s Reply brief was duly filed on 1/3/2016.The stage was thus set for the hearing of this appeal, which came up on 11/10/2016.

At the hearing of this appeal on 11/10/2016, Uyi Frank Obayogbona Esq., learned counsel for the Appellant adopted the Amended Appellants brief together with the Appellant’s Reply brief as their arguments in this appeal and urged the Court to allow the appeal and to set aside the conviction of the Appellant by the GCM and to order his immediate release from custody and payment of compensation to him by the Respondent for unlawful conviction and detention. On the other hand,

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Anthony Ebeh Esq., with Kpopuyado Cole Esq., for the Respondent adopted the Respondent’s Amended brief as their arguments in opposition to this appeal and urged the Court to dismiss the appeal as lacking in merit and to affirm the conviction and sentence passed upon the Appellant by the GCM.