NIGERIAN AIR FORCE
V.
OBIOSA

(2003) JELR 44881 (SC)    

Supreme Court  ·  SC.361/2001 ·  31 Jan 2003 ·  Nigeria
 · 
Other Citations
Nigerian Air Force v. Obiosa (2003) 4 NWLR (Pt.810)233 (2003) 1 S.C(Pt.II) 145 (2003) 1 S.C(Pt.II) 145
CORAM
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria
Core Terms Beta
respondent
armed forces decree
general court martial
court
case
order
chief of air staff
air commodore f.o. ajobena
reasonable doubt
provisions of section
service law
amended charges
contention of the appellant
special circumstances
air commodore f. o. ajobena
court of appeal
criminal procedure act
senior officer of a detached unit
14-count charge
appropriate superior authority
determination of the question
part of the case
air force officers
amendment of the charge
arraignment of the appellant
avm nsikak eduok
brief background facts
briefs of argument
c-in-c
commanding officer
conclusion of the hearing of the evidence
decision of the general court martial
due consideration of the issues
findings of the learned justices of the court
following authorities saidu garba v
following charges
following issues
judgment of the court
jurisdiction of the gcm
new set of charges
part of the n2.8m
proceedings of the general court martial
proceeds of the said cheques
senior officer of a detachment unit
service offence
similar circumstances
societe general bank
support of its case
view of section
view of the convening order

A. O. EJIWUNMI, J.S.C. (Delivering the Leading Judgment): This appeal is against the judgment of the court below, (per Oguntade, Galadima and Aderemi, JJCA). Before that court, the appellant had appealed against his conviction by the General Court Martial. It is manifest from the records that the appellant was convicted upon the following charges and sentenced accordingly. They read thus: -

"(1) Making of false negotiable instrument contrary to section 112 (a) of the Armed Forces Decree, 1993 in that he at Lagos on or about 26 Mar., 96 forged CBN Cheque No. 00003.

(2) Forgery contrary to section 112 (a) of the Armed Forces Decree, 1993 in that he at Lagos on or about 27 Mar, 96 forged CBN Cheque No. 00004.

(3) Forgery contrary to section 112 (a) of the Armed Forces Decree, 1993 in that he at Lagos on or about 28 Mar., 96 forged CBN Cheque No. 00005.

(4) Making of forged negotiable instrument contrary to section 112 (a) of the Armed Forces Decree, 1993 in that he at Lagos on or about …

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