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IBRAHIM
V.
NIGERIAN ARMY

(2017) JELR 37512 (CA)

Court of Appeal 30 Jan 2017 Nigeria
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- The Appellant, a Nigerian Army private, was convicted by a General Court Martial on two counts: exposing a minor to a pornographic film (contrary to Section 103(1) Armed Forces Act) and defilement (contrary to Section 78 Armed Forces Act)

Case Details

Suit Number:CA/K/422/C/2015
Judges:OBIETONBARA O. DANIEL-KALIO JCA OLUDOTUN ADEBOLA ADEFOPE-OKOJIE JCA AMINA AUDI WAMBAI JCA
Counsel:Steve Adehi Esq. For the Appellant. B.S. Asogwa Esq. For the Respondent.

OBIETONBARA O. DANIEL-KALIO, J.C.A. (Delivering the Leading Judgment): Before us is an appeal against the judgment of a General Court Martial delivered on 19/6/14 and confirmed by the confirming authority on 2/6/15. The Appellant Abubakar Ibrahim, presently serving time in jail, was a private in the Nigerian Army.

He was charged before a general Court Martial (the lower Court) on two Counts. The first count was that while at Block 19 Room 24, 81 Barracks Ribadu Cantonment Kaduna on the 18th of November, 2013, he made one Miss Emmanuela Garba, a 6 year old daughter of a fellow soldier LCPL Garba Thaddeus, to watch a pornographic film on his GSM handset, an offence prejudicial to serve discipline and punishable under Section 103 (1) of the Armed Forces Act Cap A20 Laws of the Federation of Nigeria, 2004. The second count was that at the said room in the said Block 19, in the said Cantonment in Kaduna on the said date, the Appellant defiled the said 6 year old girl and thereby committed t…

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