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YAKUBU
V.
NIGERIAN ARMY

(2022) JELR 109872 (CA)

Court of Appeal 2 Sep 2022 Nigeria
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- The appellant was charged with prohibited dealings in ammunition and disobedience to standing orders. - The appellant pleaded not guilty to the charges. - The prosecution presented evidence including a confessional statement from the appe

Case Details

Suit Number:CA/K/254/2021
Judges:Amina Audi Wambai, JCA Bitrus Gyarazama Sanga, JCA Mohammed Baba Idris, JCA
Counsel:N. Otagburuegu, Esq For the Appellant; A. I. Omachi, Esq For the Respondent.

MOHAMMED BABA IDRIS, J.C.A. (Delivering the Leading Judgment):

The Appellant herein, was arraigned on a three count charge bordering on prohibited dealings in ammunition and disobedience to standing orders. The Charge reads thus:

COUNT ONE

(1) STATEMENT OF OFFENCE

Prohibited dealings in Ammunition punishable under Section 27(1)(b)(iii) of Firearms Act Cap F28 Laws of the Federation of Nigeria 2004 and triable pursuant Section 114 of the Armed Forces Act Cap A20 Laws of the Federation of Nigeria 2004.

PARTICULARS OF OFFENCE

In that you Sgt. Bawasa Yakubu at Kaduna sometime in October 2017 engaged in prohibited sale of quantity 30 rounds of 7.62mm (Special) ammunition to Mr.Ibrahim at the sum of Seventy-Five Thousand Naira (N75,000) only.

COUNT TWO

STATEMENT OF OFFENCE

Disobedience to standing orders punishable under Section 57(1) of the Armed Forces Act Cap A20 LFN 2004.

PARTICULARS OF OFFENCE

In that you Sgt. Bawasa Yakubu at Kaduna sometime in October 2017 departed from OP LAFIYA DOLE theatre t…

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