(2003) JELR 44871 (SC)    

Supreme Court  ·  SC.206/2001 ·  28 Feb 2003 ·  Nigeria
Other Citations
State v. Olatunji (2003) 14 NWLR (Pt.839)138 (2003) 2 - 3 S.C 85 (2003) 2 - 3 S.C 85
State v. Olatunji (2003) 14 NWLR (Pt. 839) 138
IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria UMARU ATU KALGO Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria
Core Terms Beta
convening order
general court martial
chief of air staff
air commodore ajobena
service law
appropriate superior authority
court of appeal
provisions of section
record of appeal
senior officer of a detached unit
welfare gift
air commodore f. o. ajobena
armed forces decree
avm femi john femi
learned counsel
new charges
6th august
criminal procedure act
nigerian air force
retired chief of air staff
exhibit a1
fire arms act
grounds of appeal
reasonable doubt
trial court
count charges
criminal code
expert evidence
following issues
illegal possession of firearms
leading judgment
list of names
main duties
nigerian air force headquarters
nigerian air force money
pay officers
pay officers of the pay
requirements of section
said court martial
said decision
trial of the accused person
u. a. kalgo
unanimous decision
various criminal offences

U. A. KALGO, J.S.C. (Delivering the Leading Judgment): The respondent was a Squadron Leader in the Nigerian Air Force Headquarters in Lagos. His force No. was NAF/1217. He was one of the nine pay officers of the Pay and Accounting Group (PAG) under the Directorate of Finance and Accounts (DFA) of the Nigerian Air Force, Lagos. All the nine pay officers including the respondent were charged with various criminal offences and were tried and convicted by a General Court Martial (GCM) and sentenced to various terms of imprisonment. The respondent was the 6th accused before the G.C.M., and was charged with nine counts of conspiracy, stealing, receiving stolen property, illegal possession of firearms and disobedience to standing order. He, with other eight officers, were arraigned before the G.C.M. on the 26th of July, 1996. The charges against him were read and explained to him and he pleaded not guilty. The case was then adjourned to 6th August, 1996 for hearing.

On the 6th of August, 19…

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