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…

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