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…