OFUANI
V.
THE NIGERIAN NAVY & ANOR.

(2006) JELR 45855 (CA)    

Court of Appeal  ·  CA/L/336M/2001 ·  13 Dec 2006 ·  Nigeria
 · 
Other Citations
Ofuani v. Nigerian Navy (2007) 8 NWLR (Pt.1037)
Ofuani v. Nigerian Navy (2007) 8 NWLR (Pt. 1037) 470
CORAM
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
court
appellant
prosecution
reasonable doubt
second count
act of sexual intercourse
general court martial
counts
scandalous manner
character of an officer
ingredients of the offence
carnal knowledge of a service personnel
conviction of the appellant
grounds of appeal
lead judgment
particulars of the offence
second count charge
carnal knowledge of a rating
carnal knowledge of rating
fair hearing
general court
judge advocate
learned counsel
scandalous conduct
set aside
sexual relation
statement of the offence
2nd day of may
armed forces decree no.105
charge sheet
common elements
elements of the second count
following elements
general conduct of the court
ingredients of the second count
judgment of general court
leading judgment
lt. cdr b. ofuani
main point
martial conviction of the appellant
mrs. rosemary edemumoh wife of cpog
officer of the nigerian navy of the rank
practice of this court
prosecution witnesses
two-count charge
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:-

Charge One

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.

Charge Two

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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