BALA
V.
NIGERIAN ARMY

(2017) JELR 40105 (CA)

Court of Appeal · CA/K/263/M/2014(R) · 5 Jul 2017 · Nigeria

CORAM

IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

judgment

nullity

prison custody

motion

appeal

applicant

effect

judgment of the general court marshal

notice

appeal no. ca

brother

court

intention of the judgment

judgment of the general court martial

lead ruling

affidavit

akawu bala

behalf of the appellant sgt

brothers

case of omeike v. omeike

charge sheet

clerical errors

concluding paragraph of the judgment

counsel

court of appeal rules

criminal offence

difficulty

draft

fate of the applicant

following conclusions

general court martial

general rule

h.l. haruna

ibrahim shata bdliya

implication

last paragraph of the lead judgment

matter

obientobara daniel kalio

obietonbara daniel-kalio

obietonbara o. daniel-kalio

oludotun adebola adefope-okojie

omission

order

order of this court

prison authorities

proceedings

subject matter of the present application

support of the motion

written address

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Lead Ruling): On 4/7/17, a motion on notice was moved by H.L. Haruna (Mrs.) on behalf of the Appellant Sgt. Akawu Bala. The motion was filed on 5/5/17. It seeks that we vary our order made pursuant to the judgment in Appeal No. CA/K/8/C/2016 so as to give effect to the meaning or intention of the judgment.

The motion was concerned specifically with the following conclusions in the judgment, viz: -

I. The appeal has merit;

II. The Appellant however cannot be discharged and acquitted as that will amount to validating the judgment that is a nullity; and

III. The judgment of the general Court Martial is hereby set aside.

From the affidavit in support of the motion on notice, it is clear that the Prison authorities have difficulty in giving effect to the drawn up order of this Court. They are not clear whether they are to release the Appellant or to continue to keep him in prison custody.

In the written address in support of the application, Dr…

BALA V. NIGERIAN ARMY

BALA
V.
NIGERIAN ARMY