TIJJANI ABUBAKAR, J.C.A.(Delivering the Leading Judgment): This appeal constitutes an integral part of one historical suit that ran through Nigerian courts upto the Apex Court the Supreme Court of Nigeria, its fragments still feature in the Nigerian courts; this appeal is another fresh journey in Progress.
The facts are just simple, Wing Commander PuLlen Egbe Iyen Rtd, was tried in absentia, by the General Court Martial, he was found guilty, convicted and sentenced; with his movable and immovable assets confiscated, all in his absence.
The court of Appeal sitting in Lagos, quashed the conviction, Appellants became dissatisfied and therefore appealed to the Supreme Court. The Supreme Court affirmed the decision of the Court of Appeal quashing the Judgment of the General Court Martial with slight modification.
The General Court Martial made some orders of forfeiture against Iyen. The Court of Appeal and the Supreme Court quashed the consequential orders.
On 30th May 2002, The Responden…