SQUADRON LEADER O.I. OGBUKA
V.
NIGERIAN AIR FORCE

(2021) JELR 109231 (CA)    
Court of Appeal  ·  CA/G/29C/2021 ·  26 Nov 2021 ·  Nigeria
CORAM
Jummai Hannatu Sankey, jCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA

EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): This appeal is against the finding and decision of the General Court Martial sitting in Maiduguri where the Appellant was charged and convicted for disobedience to particular orders contrary to Section 56(1) of the Armed Forces Act, Cap A20 Laws of the Federation of Nigeria 2004. He was sentenced to forfeiture of the Rank of Squadron Leader for 3 months. The facts that culminated in the case at the lower Court are not complicated at all. The Appellant, a member of the Armed Forces of Nigeria serving with the Respondent was alleged to have refused to carry out a lawful instruction from his commanding officer, which is an offence under Section 56(1) of the Armed Forces Act (in this judgment referred to as the Act). On 6/11/2016, the Appellant’s commanding Officer, Air Commodore C. A. Ohwo detailed him to carry out night air interdiction mission on the MI-17 Helicopter on a location in the operational area in the North-East area of …

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