Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AMACHREE
V.
NIGERIAN ARMY

(2002) JELR 44729 (CA)    

Court of Appeal  ·  CA/L/309/2000 ·  10 Jul 2002 ·  Nigeria
 · 
Other Citations
Amachree v. Nigerian Army [2003] 3 NWLR (Pt. 807)256
Amachree v. Nigerian Army (2003) 3 NWLR (Pt. 807) 256
CORAM
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
prosecution
court martial
prosecution's case
evidence
lt. col. frank
reasonable doubt
victoria island
questions
substantive offence
zamani karfa
general court martial
col. mohammed v
fair hearing
instant matter
lt. ebulue
two-count charge
admissibility of the accused statement
conduct of the case
counts of the charge
cumulative effect
evidence of j.o.j. nwodo
exhibit a
said section
statement of offence
appellant major i.o. amachree
briefs of argument
evidence of pw2
exhibit az
exhibit c1
findings of fact
following offences
legal implications of the evidence
light of the case of inducement
list examples of such questions
mr. jude of no.30
own view
parties' way
part of the president of the court
prosecution case
question of bias
question of likelihood of bias
rules of this court
said charge
second accused person
sufficient evidence
trial of the appellant
various acts of the accused persons

CHUKWUMA-ENEH, JCA (Delivering the Leading Judgment): The appellant Major I.O. Amachree, an officer in the Directorate of Army Policy and Plans, Army Headquarters, Lagos, was the second accused person, arraigned before the General Court Martial (GCM for short) in this matter charged with the following offences:-

(a) Statement of Offence:

Conspiracy, contrary to section 114(1) of the Armed Forces Decree, 1993, No. 105 and punishable under section 516, Criminal Code Cap. 77, Laws of Federation of Nigeria, 1990.

Particulars of Offence:

In that he, on or about 1996, at Lagos, together with one Zamani Karfa, conspired to cheat one Mr. Jude of No.30 Idowu Taylor Street, Victoria Island, of the sum of One hundred and Ninety thousand Naira (₦190,000.00) on the pretext of being members of the Task Force on Trade Malpractices.

(b) Statement of Offence:

Cheating contrary to section 113(1) of the Armed Forces Decree, 1993 No. 105.

Particulars of Offence:

In that, he on or about 1996, at Lagos, to…

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