Major Dennis Toinpre Des – Dokubo V. The Nigerian Army (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment)

This appeal is against the decision of a Special Court Martial convened by MAJOR GENERAL O.A. IHEJIRIKA which tried and convicted the Appellant on the 16th day of June, 2008 and reduced the rank of the Appellant from Major to Captain. Dissatisfied with the decision the appellant filed a notice of Appeal setting out 9 grounds of appeal.

Brief facts of the events leading to this appeal are straight forward.The appellant was a serving military officer and 2i/c to Lt. Col. Owhonda of 149 Battalion and an administrative officer of the Battalion at Ojo Cantonment at the time relevant to this judgment.

The C/OLt. Col Owhonda was assaulted, beaten to stupor and subsequently taken outside the barracks by some soldiers as a result of a purported amorous relationship with one Mrs. Oshioghele. The Appellant being the next in command was expected to assume control of the battalion in the absence of the commanding officer and report the incident. He was alleged to have failed to remain accessible and visible to discharge that duty. That he also aided and abetted the assault on the commanding officer. He was

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arraigned on 3 a count charge as follows:

Count 1:

Statement of offence: Failure to perform Military duties punishable under Section 62(b) of the Armed Forces Act?(Cap A20) LFN 2004.

Particulars of offence: In that he at Ojo Cantonment Lagos on or about 29 November 2007 in his capacity as 2 I/C 149 Bn. knowing fully well that the then CO 149 BnLt. Col. CC Owhonda had been assaulted and forcefully taken out of the barrack, negligently performed his duties as 2 I/C of the Bn by failing to take prompt action and to make a formal report of the incident of assault to his Appropriate Superior Authority (ASA) by way of a Situation Report (SITREP).

Count 2:

Statement of offence: Aiding and abetting service offence punishable under Section 98 of the Armed Forces Act (Cap A20) LFN 2004

Particulars of offence: In that he at Ojo Cantonment Lagos on or about 29 November 2007 aided and abetted the assault of Lt. Col CC Owhonda by providing a Sonny Digital camera and Sanyo tape recorder to 79NA/20920 Sgt Courage Enoghayin and Mrs. Patience Oshighele respectively which were used by the later parties during the incident of assault against Lt. Col Owhonda.

Count 3

Statement of