(2014) JELR 40167 (CA)    

Court of Appeal  ·  CA/L/823/2011 ·  14 Feb 2014 ·  Nigeria
JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria TIJJANI ABUBAKAR Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
first respondent
supreme court
general court martial
5th respondent
omnibus prayer
5th respondents brief of argument
immovable properties
judgment of the court of appeal
senior counsel akuma
appellants brief of argument
favour of the first respondent
judgment of the court of appeal lagos
reversal of all sales
third defendants
consequential orders
consequential orders of the general court martial
federal high court
interested party
nigeria air-force
regards relief no.
said property
1st june
5th february
absence of the first respondent
appellants liberty
appropriate court
consequential order of the general court martial
counsel nnaemeka ameachina
first defendant
following questions
following reliefs
immediate possession of this movable chattels
issue no.
issue no.1
leading judgment
learned counsel
learned trial judgment
order of acquittal
order of confiscation of properties
part of the judgment of the supreme court
reversal of the sale of immovable properties
said accounts
said brief of argument
said judgment
said order
second issue
trial conviction

TIJJANI ABUBAKAR, J.C.A.(Delivering the Leading Judgment): The first Respondent in this appeal, Wing Commander Iyen Rtd, was tried convicted and sentenced by the General Court Martial, it is necessary to mention that the trial conviction and sentence were all conducted in the absence of the first Respondent. The General Court Martial made an order of confiscation of properties of the Appellant including No.46 Textile Mill Road Benin City.

The Nigeria Air-force sold the said property to Alh. Ado Isyaku Adamu on 2nd April 1999, he subsequently sold the said property to the Appellant Nigeria Social Insurance Trust Fund.

The first Respondent challenged his trial, conviction and sentence by the court martial, this court set aside the trial in absentia and all the consequential orders made by the General Court Martial. The Nigeria Air-force became aggrieved and appealed to the Supreme Court. The Supreme Court affirmed the Judgment of the Court of Appeal with very slight modification. The mo…

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