SAMUAL & ORS.
V.
NIGERIAN ARMY

(2006) JELR 49516 (CA)

Court of Appeal · CA/I/134/02 · 13 Dec 2006 · Nigeria

CORAM

AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria ALFRED PEARSON EYEWUMI AWALA Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria

Core Terms ^Beta

appellants

prosecution

state

cpl macaulay

evidence

4th appellant

trial court

nigerian army

reasonable doubt

main gate

general court martial

court martial

1st appellant

supreme court

gnr edet

good order

trial court martial

accused person

evidence of pw1

3rd appellants

service law

addresses of counsel

brigadier general patrick newton aziza

cpl macaulay ezekiel

late officer fail

police inspector

prejudice of military discipline

said l

sentence of the general court martial

state v

case of the prosecution

circumstantial evidence

commission of the offence

criminal code

criminal proceedings

effort of the 4th appellant

evidence act

following particulars

general officer

judgment of the trial court martial

late lt es ibelegbu

leading judgment

report l

said officer

security services

service of the respondent

time hold

totality of the evidence

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The Appellants were soldiers serving with 322 Filed Artillery Regiment, Benin City, and were deployed to the NNPC Depot, Benin City, for security services. At about 0800 hours on the 25th of August 1995, one L/Cpl Macaulay Ezekiel, who was also posted to the Depot, threatened to "fire" Lt. Eze S. Ibelegbu if the Officer did not return the jerry can of kerosene seized from him. At about 1300 hours of that same day, the said L/Cpl Macaulay actually carried out his threat and shot and killed the said Officer who was their overall commander. The Appellants who were allegedly aware of L/Cpl Macaulay's intention did nothing to prevent the commission of the offence and on the 4th of September 1995, they were arraigned before a General Court Martial, convened by Brigadier General Patrick Newton Aziza, General Officer Commanding 2 Mechanized Division, Nigerian Army and charged as follows-

"Statement of Offence - Conduct to the Preju…

SAMUAL & ORS. V. NIGERIAN ARMY

SAMUAL & ORS.
V.
NIGERIAN ARMY