Lt. Col. K.s. Iberi (Rtd.) V. Attorney General Of The Federation (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

The Appellant who was arraigned before a Court Marshal in company of two accused persons were tried, convicted and sentenced to two years imprisonment without option of fine in accordance with the provisions of the Armed Force Decree 1993. This was on the 26th of May 1998.

He served his term of imprisonment and upon completion of same, he filed an appeal against his conviction and sentence in the year 2000. Same was struck out on grounds of incompetency on the 31st of July 2008.

On the 31st of May 2011, he applied for extension of time within which to file Notice of Appeal. This Honourable Court granted the prayer and the Appellant was ordered to file his Notice of Appeal within 7 days from the 31st of May 2011.

On the 6th of June 2011, the Appellant filed its Notice of Appeal encapsulating 12 (twelve) grounds of appeal.

FACTUAL SITUATION

On the 27th of October 1997, a General Court Martial was composed by the orders of the Commandant, Lagos Garrison command, Major General P.N. Aziza, to try the Appellant and three others.

The Appellant was tried accordingly. At the completion the proceedings presided over by Col. Z.M. Yaduma of the General Court Marshal on the 26th of May 1998, the Appellant was convicted and sentenced.

At the commencement of the trial, the Appellant pled not guilty to the charges against him. The charges were for the offences of conspiracy, contrary to Section 114(1) of the Armed Forces Decree of 1993; cheating contrary to and punishable under Section 113(b)(ii) of the Armed Forces Decree; and impersonation, contrary to and punishable under Section 97 (b) of the AFN 1993 No. 105. Pages 25-27 of the Record of Appeal.

At the conclusion of evidence, adduced by the prosecution and the defence, including addresses taken from learned Counsel for the respective parties, the Appellant was found guilty of the charges proffered against him.

The Appellant is dissatisfied with the decision of the GCM, and has appealed the conviction and sentence.

The Appellant filed his Notice of Appeal on the 14th of April 2011, but same was deemed filed on the 16th of January 2003.

The Respondent filed his Brief of Argument on the 2nd of December 2011.

The Appellant filed his reply brief on the 20th of February 2012, but same was deemed filed on the 22nd of May 2012.