Lieutenant Patrick D. Dodo V. The Nigerian Army & Anor (2007)

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RAPAEL CHIKWE AGBO, J.C.A.

The appellant, Patrick D. Dodo, then a Lieutenant in the Nigerian Army, was arraigned before a general Court Martial and charged as follows: “CHARGES AGAINST LT DP DODO (N/10088) Lt DP Dodo (N/10088) being a person subject to service law is Charged with:

a. Civil offence to wit conspiracy to wit conspiracy to steal contrary to section 516 of criminal code act and punishable under section 114 A FD of 1993 (as amended). In that he at DMP/NAFRC in May 1998 connived with others to steal N8.9million property of Federal Government of Nigeria.

b. Offence in relation to stealing, contrary to and punishable under section 66 (a) of AFD 105 1993 (as amended). In that he at DMP/NAFRC in May 1998 stole the sum of N8.9million being the property of Federal Government of Nigeria.

c. Making of false documents, punishable under section 90(A) of AFD 105 1998 (as amended). In that he, at DMP/NAFRC in May 1998 connived with others to illegally include 53 fake ex-trainees in a pay schedule, thereby defrauding the Federal Government of Nigeria with N8.9million.”

He was tried along with three other officers. The General Court Martial was composed of the following members:

“a. President: Brig Gen RT Adoba (N/3002) DOAA

b. Members:

1. Col JA Iyodo (N3421) – AHQ DOAA
2. Col DD Oyebanjo (N5558) – AHQ DAOPS
3. Col W. Old (N/5533) HQ LGC
4. Col EB Ojima (N/27 19) – DOAL

c. Waiting Members (1) Col BT Ako (N/5567) – DARR/R

(2) Col DF Osho (N/5778) – NABHY

d. Judge Advocates: Lt Col AQ Abubakar (N6728) – NAMP.”

After the trial which included a trial within trial, the appellant was convicted on all the counts on 8 September 1999. Not being satisfied with his conviction, the appellant has filed this appeal on the grounds set out below:

GROUND 1

Error in Law.