EJIWUNMI, JSC. (Delivering the Leading Judgment): The question that calls for determination in this appeal falls within a very narrow compass. And it is whether a person whose trial was a nullity should be discharged or discharged and acquitted for the offences for which he was tried and convicted. The facts relevant to the appeal are straightforward and may be put thus:- The respondent who was a Wing Commander in the Nigerian Air Force was attached to its Pay Accounting Group until the month of April, 1996. Before then, it was discovered that with ten other officers of the Nigerian Air Force and all attached to the Pay Accounting Group were involved with fraudulent offences which included stealing, corruption and conspiracy to commit several civil offences. As a result of this discovery, the ten officers were arraigned before the General Court Martial (GCM). But when the court was convened for the trial of the ten officers, the respondent was not present. The General Court F1 Martial…
CHIEF OF AIR STAFF & ORS
V.
IYEN
(2005) JELR 45218 (SC)
Supreme Court 28 Jan 2005 Nigeria
BriefBot Summary
- The respondent, a former Wing Commander in the Nigerian Air Force, was tried in absentia by a General Court Martial (GCM) on charges of stealing, conspiracy, and related offences, convicted on 11 of 12 counts, sentenced to 51 years impris
Case Details
Suit Number:SC.217/2002
Judges:SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
NIKI TOBI Justice of The Supreme Court of Nigeria
DAHIRU MUSDAPHER Justice of The Supreme Court of Nigeria
DENNIS ONYEJIFE EDOZIE Justice of The Supreme Court of Nigeria
Counsel:O. T. Adekoya [Mrs.] (with her, J. A. Adamu, Senior Legal Officer, Federal Ministry of Justice) For Appellant
A. I. Idigbe, SAN (with him, Chief J. O. Afekoro and Friday Abu, Esq.) For Respondent
Other Citations:Chief of Air Staff v. Iyen (2005) 6 NWLR (Pt.922) 496, (2005) JELR 53536 (SC)
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