BAKOSHI
V.
CHIEF OF NAVAL STAFF

(2003) JELR 51116 (CA)    

Court of Appeal  ·  CA/C/138/2001 ·  15 May 2003 ·  Nigeria
 · 
Other Citations
Bakoshi v. Chief of Naval Staff (2004) 15 NWLR (Pt. 896) 268
CORAM
RAPHAEL OLUFEMI ROWLAND JCA (Presided) SIMEON OSUJI EKPE JCA (Read the Lead Judgment) ISTIFANUS THOMAS JCA
Core Terms Beta
appellants
court
general court martial
learned counsel
convening order
issues
record of proceedings
court martial
grounds of appeal
issue no.
armed forces decree
trial of the appellants
fair hearing
instant case
litres of diesel
brief of argument
counsel
determination of the appeal
entire proceedings
judge advocate
defence counsel
judgment of the court
judgment of the general court martial
lead judgment
members of the general court martial
provisions of section
1st appellant
2nd respondent
armed forces act
clear provisions of section
conflicts raise doubts
contempt of this court
contents of a convening order
count charge of conspiracy
court of jurisdiction
entire proceedings of the general court martial
evidence of prosecution witnesses
facts of this case
failure of the general court martial
fair trial
general court martial’s trial
interpretation of the word
mandatory provision of the armed forces
mandatory provisions of section
member of the court
point of view
propriety of the issues
prosecution witnesses questions
sitting of the court
submission of the learned counsel

EKPE JCA (Delivering the Lead Judgment): The appellants above- named were arraigned along with three others before a General Court Martial presided over by Navy Captain S. E. A. Olamilokun, sitting at the Naval Base, Calabar, on a two count charge of conspiracy and stealing 5,700 litres of diesel supplied to NNS HADEJIA, property of the Nigerian Navy valued at N108,300.00 (One hundred and eight thousand, three hundred naira). The appellants who pleaded not guilty were however tried and found guilty on the two count charge by the court. In its judgment delivered on the 9th day of February, 2000, the court sentenced each of the appellants to one year imprisonment on each count or charge. Dissatisfied with their convictions and sentences, the appellants have brought this appeal on five grounds of appeal which read thus;

Ground 1:

The judgment of the General Court Martial is altogether unreasonable, unwarranted and cannot be supported having regard to the evidence. Ground 2

The Gener…

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