Court of Appeal · CA/L/336M/2001 · 13 Dec 2006 · Nigeria ·
Ofuani v. Nigerian Navy (2007) 8 NWLR (Pt.1037) Ofuani v. Nigerian Navy (2007) 8 NWLR (Pt. 1037) 470
ISA AYO SALAMI Justice of The Court of Appeal of Nigeria
PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria
ADZIRA GANA MSHELIA Justice of The Court of Appeal of Nigeria
Core Terms Beta
act of sexual intercourse
general court martial
character of an officer
ingredients of the offence
carnal knowledge of a service personnel
conviction of the appellant
grounds of appeal
particulars of the offence
second count charge
carnal knowledge of a rating
carnal knowledge of rating
statement of the offence
2nd day of may
armed forces decree no.105
elements of the second count
general conduct of the court
ingredients of the second count
judgment of general court
lt. cdr b. ofuani
martial conviction of the appellant
mrs. rosemary edemumoh wife of cpog
officer of the nigerian navy of the rank
practice of this court
view of the burden of proof
SALAMI, J.C.A. (Delivering the Leading Judgment): The accused was arraigned on a two-count charge before a General Court Martial. The two counts against the appellant on the charge sheet read as follows:-
Statement of the offence:-
Sexual relation with service personnel's spouse contrary to section 79 of the Armed Forces Decree No.105, 1993 Particulars of the offence
In that: Lt. Cdr B. Ofuani did have carnal knowledge of rating's wife, Mrs. Rosemary Edemumoh wife of CPOG 1 Edemumoh VE x 3315 in Navy Town between 1993-96.
Statement of the offence:- Scandalous conduct contrary to section 91 of the Armed Forces Decree No. 105, 1993.
Particulars of the offence -
In that: Lt. Cdr. B. Ofuani did behave in a scandalous manner unbecoming of the character of an officer and gentleman by having carnal knowledge of a rating's wife, Mrs. Rosemary Edemumoh, wife of CPOG 1 Edemumoh VE X 3315 in Navy Town between 1993-96.
The accused pleaded not guilty to both counts; Thereaft…
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