(2000) JELR 44148 (CA)    

Court of Appeal  ·  CA/L/431/98 ·  28 Sep 2000 ·  Nigeria
Other Citations
Shekete v. The Nigerian Air Force (2000) 15 NWLR (Pt.692)868
Obiosa v. Nigerian Air Force (2000) 12 NWLR (Pt. 680) 112
Shekete v. The Nigerian Air Force (2000) 15 NWLR (Pt. 692) 868
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
general court martial
4th appellant
armed forces decree
airforce officers
accused persons
convening order
course of investigation
reasonable doubt
6th accused
chief of air staff
leading judgment
nigerian air force
sum of n500,000.00
conviction of the appellant
judgment of the general court martial
prosecution witnesses
sqn ldr mo kamaldeen
such statements
wg cdr mb togunloju
2nd counts of the charge
4th charge
air force officers
brother oguntade
case of the defence
criminal case
criminal offence
defence of the appellant
existence of such orders
form c02
holders of the stated offices
ikeja pag office of the naf
judicial notice of an order
legal submissions
light of prepondence of evidence
limited liability
mere signing of form c06
orders of the retiring chief of air force
prosecution case
purported forged document
said letter
said statement
share of the money
share of the n10m
side of the prosecution
stated purposes
sum of n10
trial court

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The appellant, Wing Commander T. L. A. Shekete was arraigned on 22nd July, 1996 along with eight other Air force Officers before a General Court Martial. In the charge against the appellant there were seven counts. He was found not guilty on the 1st and 2nd counts of the charge but guilty on the others and sent to various terms of imprisonment. Dissatisfied with his conviction and sentence the appellant has brought this appeal on ten grounds.

In the appellant's brief filed, the issues for determination were formulated as follows:-

"(i) Whether there were material conflict/contradictions and inconsistencies in the prosecution case and if there were, was the GCM right in picking those ultimately that favoured their verdict (on the side of the prosecution)?.

(ii) Whether based on the evidence before the General Court Martial, the conviction of the appellant on all grounds relating to receiving stolen property is not perverse and unmaint…

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