AKONO
V.
THE NIGERIAN ARMY

(2000) JELR 44149 (CA)    

Court of Appeal  ·  CA/L/96M/98 ·  13 Jul 2000 ·  Nigeria
 · 
Other Citations
Akono v. The Nigerian Army (2000) 14 NWLR (Pt.687)318
Akono v. The Nigerian Army (2000) 14 NWLR (Pt. 687) 318
CORAM
ATINUKE OMOBONIKE IGE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
case
exhibit
general court martial
evidence
evidence act
fair hearing
mwo musa abiri
chief e. igbokwe
prejudice of service discipline
chief clerk
criminal offence
fair trial
reasonable doubt
accused person
armed forces
case of famakinwa v
evidence documents
nigerian army
reasonable time
single witness
subpoena ad testificandum
view of the fact
witness box
addresses of the prosecutor
admissibility of exhibit
careful perusal of the proceedings
character of an officer
convening order
count charge
court of appeal
cross-examination
custody of the documents
defence counsel
due respect mr. president sir
end of the prosecution case
facts of the entire case
general court marital
judge advocate
judgment of a general court martial
leading judgment
particulars of this charge
particulars of this offence
provisions of section
qualification of its members
said documents
scandalous conduct of an officer
various people

IGE, J.C.A. (Delivering the Leading Judgment): This is a case tried by the General Court Martial. This appeal is against the judgment of a General Court Martial convened on 17th day of January, 1997 by a convening order.

The appellant was arraigned on a 3 count charge namely:-

"a. Charge 1: Conduct to the prejudice of service discipline contrary to s. 103(1) of the AFD 105 of 1993. The particulars of this charge are that he on or about October 1996 in a memo sent to the COA(A) dated 28 October, 1996 lied about the position of his transaction with Chief E. Igbokwe, a conduct prejudicial to service discipline.

b. Charge 2: Conduct to the prejudice of service discipline contrary to s. 103(1) of the AFD 105 of 1993. The particulars of the charge are that he on or about October 1996 wrote a letter to one Chief E. Igbokwe, contents of which portrayed the NA in bad light, a conduct prejudicial to service discipline.

c. Charge 3: Scandalous conduct of an officer contrary to s. 91 of the A…

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