Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OBISI
V.
CHIEF OF NAVAL STAFF

(2004) JELR 45019 (SC)    

Supreme Court  ·  SC.157/2002 ·  14 May 2004 ·  Nigeria
 · 
Other Citations
Obisi v. Chief of Naval Staff (2004) 11 NWLR (Pt.885) 482 (2004) 18 NSCQR 618
CORAM
SALIHU MODIBBO ALFA BELGORE JSC IDRIS LEGBO KUTIGI JSC AKINTOLA OLUFEMI EJIWUNMI JSC DAHIRU MUSDAPHER JSC IGNATIUS CHUKWUDI PATS-ACHOLONU JSC

Ratio Decidendi

Core Terms Beta
appellant
court martial
waiting member
court of appeal
members
cross-appeal
judge advocate
general court martial
cross-respondent
orders
learned counsel
liaison officer
trial of the appellant
armed forces act
conviction of the appellant
lower court
confessional statement
learned justices of the court of appeal
special court martial
view of its composition
absence of the waiting member
accused persons
circumstances of this case
consequential orders of refund of various sums
cross respondent
due regard
hearing of the case
leading judgment
provisions of the armed forces decree no.
accused officer
briefs of argument
composition of the court martial
consequential orders of refund of the various moneys
cross-appeal fails
flagrant disregard of the clear provision of the act
following cases
following charges
judgment of the court martial
legal officer
mere formality
nature of a state counsel
part of the questions
presence of other members of the panel
respect of the first issue
respect of the sentences
respondent replicando
said decree
spirit of armed forces decree no.


PATS-ACHOLONU, J.S.C. (Delivering the Leading Judgment): The appellant who is equally the cross respondent was charged and tried by a General Court Martial for various offences that violate the spirit of Armed Forces Decree No. 105 of 1993. The charges are that he disobeyed standing orders contrary to section (i) of Decree No. 105 of 1993. And that he engaged in private business and received gratification of ₦12,000,000.00 from Agric. (Nig.) Ltd.; that contrary to section 91 of the said Decree he donated the sum of ₦1,000,000.00 to Christ Chapel International Church, Ijora, that he travelled to London without official permission and lodged a sum of 40,000.00 pounds with Barclays D/C London situate at 25-27 Northumberland Avenue, London. He was convicted and sentenced by the General Court Martial, but not satisfied with the judgment of the Court Martial, he appealed to the Court of Appeal. Again before the Court of Appeal, his appeal was dismissed, whereupon he appealed to this court: …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login