PTE. John Oghaekor v. Nigerian Army (2023)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

UGOCHUKWU ANTHONY OGAKWU, JCA (Delivering the leading judgment)

This appeal is against the decision of the General Court Martial, convened by the Commander, Army Headquarters Garrison, Abuja, for the trial of the appellant for the offence of murder contrary to section 106(c) of the Armed Forces Act, Cap A20, Laws of the Federation of Nigeria, 2004.

In its judgment which was delivered on 26th November, 2015, the General Court Martial held that the appellant did not have the mens rea or guilty intent to kill the deceased and consequently convicted him of the lesser offence of manslaughter and sentenced him to life imprisonment.

The judgment of the General Court Martial, which was confirmed by the Chief of Army Staff, is at pages 154 – 162 of the records of appeal.

By an order of this court made on 29th April, 2020, the appellant was granted leave to appeal and extension of time to appeal against the said decision of the General Court Martial. Thereafter, on 30th April, 2020, the appellant filed his notice of appeal consisting of thirteen grounds of appeal. The said notice of appeal is at pages 170 – 181 of the records of appeal.

The records of appeal having been compiled and transmitted, the parties filed and exchanged briefs of argument.

In the appellants brief which was filed on 18th November, 2022, but deemed as properly filed on 1st December, 2022, the appellant withdrew ground 12 of the grounds of appeal and proceeded to formulate three issues for determination, as follows:

Issue 1: Whether the Court Martial as constituted had the requisite jurisdiction to try and convict the appellant? (Formulated from grounds 1, 2 & 3)

Issue 2: Whether the trial and conviction of the appellant is vitiated by the lack of fair hearing and manifestations of bias on the part of the Court Martial? (Formulated from grounds 4 and 5)

Issue 3: Whether the Court Martial rightly evaluated the evidence and rightly applied the law in coming to its decision to convict the appellant? (Formulated from grounds 6, 7, 8, 9, 10, 11 and 13).

The respondent filed its brief of argument on 12th April, 2023 and the same was deemed as properly filed on 25th April, 2023. The Respondent distilled two issues for determination namely:

“1. Whether the Court Marital had jurisdiction to try the appellant?

2. Whether the conviction and sentence of the appellant by the Court Marital was just, supported by relevant evidence and in accordance to law?

In replication, the appellant filed a reply brief on 25th April, 2023 which was also deemed as properly filed on even date.

At the hearing of the appeal, the learned counsel for the parties adopted and relied on their respective briefs and urged the court to uphold their submissions in the determination of the appeal.