IDAKWO
V.
NIGERIAN ARMY

(2003) JELR 44787 (CA)    

Court of Appeal  ·  CA/L/41/99 ·  12 Jun 2003 ·  Nigeria
 · 
Other Citations
Idakwo v. Nigerian Army [2004] 2 NWLR (Pt.857)249
Idakwo v. Nigerian Army (2004) 2 NWLR (Pt. 857) 249
CORAM
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria ABUBAKAR ABDUL-KADIR JEGA Justice of The Court of Appeal of Nigeria
Core Terms Beta
armed forces decree no.
evidence
general court martial
military offence
service law
issues
sections
telephone lines
charge sheet
offences
personal fax messages
reasonable doubt
second charge
honourable court
first charge
flag staff house telephone no.
ingredients of the offences
notice of appeal
circumstances of the case
grounds of appeal
inadequate evidence
international calls
postal offences decree no.
respect of telephone lines
substantive offence
appellant of offences
bendel state
briefs of arguments
circumstantial evidence
count charges
court of appeal act
court of appeal rules
decision of judgment of a court
existing law
good judgment
issue no.2 counsel
judge advocate
judgment of the general court martial
leading judgment
order of court
prize list
proving of the essential ingredients of the offences
respondents
said general court martial
such erroneous judgment
such findings

ABUBAKAR ABDUL-KADIR JEGA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the General Court Martial presided over by Col. P.W. Forteta (Rtd.) and delivered on the 8th October, 1996.

The said General Court Martial on the 8th October, 1996 convicted the appellant of offences under sections 66(a) and 95 of the Armed Forces Decree No. 105 of 1993. On the first charge, he was sentenced to 2 years imprisonment while the second charge attracted 1 year. Both sentences were to run concurrently.

The appellant was on the 24th September, 1996, arraigned before the General Court Martial presided over by Col. P.W. Forteta (Rtd.) on two count charges to wit.

(a) Offences in relation to public/service property punishable under section 66(a) of the Armed Forces Decree No. 105 of 1993 in that he at Lagos between 01 April or 30 April, 1996 fraudulently misapplied flag staff house telephone No. 2633116 in receiving personal fax messages from Israel.

(b) Attempt to c…

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