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…

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