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SALIHU
V.
MINISTRY OF DEFENCE

(2008) JELR 54195 (CA)

Court of Appeal 8 Jul 2008 Nigeria
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- The applicant, a former Air Force officer, sought extension of time to apply for leave to appeal (the “trinity prayers”) against a 1993 Court Martial conviction and sentence for fraudulent misappropriation of Jet A-1 fuel, conduct prejudi

Case Details

Suit Number:CA/A/106/M/07
Judges:RABIU DANLAMI MUHAMMAD JCA (Presided) OYEBISI FOLAYEMI OMOLEYE JCA (Read the Lead Ruling) AYOBODE OLUJIMI LOKULO-SODIPE JCA
Counsel:Mr. Adekola Mustapha - for the Appellant. -*- Mrs. S. A. Bakari - for the Respondents.

OMOLEYE JCA (Delivering the Lead Ruling): The applicant herein brought this application by way of motion on notice dated 7 June 2007 and filed the same date. The application is brought pursuant to Order 3, rules 3(1), (2) and 4(1), (2) of the old Court of Appeal Rules, 2002, now Order 7, rules 1, 2 and 10(1) and (2) of the Court of Appeal Rules, 2007.

The prayers of the applicant as set out in the motion paper read as follows:

“1. Extension of time within which to apply for leave to appeal against the judgment of the Military Court Tribunal dated 3

March 1993 presided over by Group Captain I.M. Alfa. 2. Leave to appeal against the judgment of the Military Court Tribunal dated 3 March 1993 presided over by Group Captain A I.M. Alfa.

Extension of time to file notice and grounds of appeal against the judgment of the Military Court Tribunal dated 3 March 1993 presided over by Group Captain I.M. Alfa.

An order of court deeming the notice and grounds of appeal attached hereto as properly filed…

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