(2001) JELR 44308 (CA)    

Court of Appeal  ·  CA/L/458/97 ·  25 Jun 2001 ·  Nigeria
Other Citations
Obisi v. Chief of Naval Staff (2002) 2 NWLR (Pt 751)400
Obisi v. Chief of Naval Staff (2002) 2 NWLR (Pt. 751) 400
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
court martial
private business
accused person
code of conduct
armed forces decree no.
exhibit c.
statement of the appellant
written statement
evidence of pw1
fixed deposit account
imo state government of nigeria
lower court
part of the proceeds
provisions of section
sale of power plant generators
service law
1st pw
admissibility of confessional statement
assistant weapons officer
brief evidence
commissioned officer
contents of exhibit c
exhibit c
exhibits b
fax massage
following terms
imo state government
instructions of rear admiral eyitayo
military administrator of imo state of nigeria
military assistant
mr. olayinka oladitan
notice of appeal carries
own defence
residence of the appellant
said grounds of appeal
said statement
sets of issues
statement sequel
sufficient evidence
sum of n12,000,000.00
three-count charge viz
trial of the appellant
u. j. egbele
way of investigation
wema bank cheque no.603899

ADEREMI, J.C.A. (Delivering the Leading Judgment): The appellant, a commissioned officer in the Nigerian Navy was appointed the Military Assistant to the Military Administrator of Imo State of Nigeria between December, 1993 and November, 1994 and was later appointed Assistant Weapons Officer on board NNS Aradu. He was by virtue of his appointment, subject to service law under the Armed Forces Decree No. 105 of 1993 as amended. He was arrested on the 25th of May 1996 and interrogated by way of investigation by the Director of Naval Intelligence, Cdr. U. J. Egbele.

Following the investigation, he was arraigned before a Court Martial on 19th December, 1996 on a three-count charge viz:

1. Disobedience to standing orders contrary to section 57(1) of Decree No. 105 of 1993. Did disobey standing orders on the Code of Conduct in that he engaged in private business on or about 6th March, 1996 thereby receiving the sum of N12,000,000.00 only as gratification from Agric. Consult (Nig.) Ltd. of …

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