Pte. Victor Jonah V. The Nigerian Army (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MUDASHIRU NASIRU ONIYANGI, J.C.A. (Delivering the Lead Ruling)

By way of a motion on notice brought pursuant to Section 6 (a) & (b) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended), Section 183 of the ARMED FORCE ACT, 2004 and the inherent jurisdiction of this Court, the applicant is seeking for the following Order:

(1) An Order of this Honourable Court extending time within which the Appellant/Applicant may apply for leave to appeal against the judgment of the said General Court-Martial sitting at 7 Division Nigeria Army, Maiduguri, Borno State delivered on 24th day of March 2017 and confirmed on 30th June, 2017.

(2) AN ORDER of this Honourable Court granting leave to the Appellant/Applicant to appeal against the Judgment of the General Court-Martial sitting at 7 Division Nigeria Army, Maiduguri, Borno State delivered on 24th day of march 2017 and confirmed on 30th June, 2017.

(3) AN ORDER of this Honourable Court extending time within which the Appellant/Applicant may file an Appeal out of time against the Judgment of the General Cout-Martial sitting at 7 Division Nigeria Army Maiduguri, Borno

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State delivered on 24th day of March, 2017 and confirmed on 30th June, 2017.

(4) AND FOR SUCH FURTHER or other Orders as the honourable Court may deem fit to make in the circumstance.

The grounds upon which the application is predicated are:

(1) That due to the incarceration of the Appellant/Applicant in the Military police guard room, access was not given to the Appellant/Applicant to reach out to him Counsel when the confirmation of his sentence was conveyed by the confirming authority.

(2) That it was weeks later after the appellant/Appellant had been taken to the Nigeria Prison, Maiduguri that he could through the welfare department of the said prison, contact his lawyer and informed him of the confirmation of the sentence/Judgment of the General Court-Martial.

(3) The leave of this Honourable Court ought to be obtained before the judgment of the Court below could be appealed against.

(4) That the Applicant is out of time to seek leave of this Court to Appeal against the judgment of the Court-Martial and as such the order of this Court to extend time for the said leave is required.

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