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ZAKARI
V.
NIGERIAN ARMY & ANOR

(2015) JELR 40614 (SC)

Supreme Court 22 May 2015 Nigeria
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- The appellant, a Captain in the Nigerian Army, was convicted by a Special Court Martial for conduct prejudicial to service discipline (contrary to s.103 Armed Forces Decree) and sentenced to two years’ imprisonment; the conviction and sen

Case Details

Suit Number:SC.456/2012
Judges:NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria
Counsel:Chief Theo Nkire and with him: Chikodi Okeorji, C. N. Njaka, C. S. Dilibe (Miss), Chimere Akoma. For Appellant Toyin Bashorun (Ms) for the 1st Respondent and with her: Mallam J. A. Ada.Chiesonu I. Okpoko Assistant Director Federal Ministry of Justice and with him: Mrs. H. Chime (A.C.S.C.), Mrs. N. Chuka-Osadebe (S.C) for 2nd Respondent. For Respondent

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): Appellant was a Captain in the Nigerian Army and at the time of the alleged offence serving as Chairman of the Task Force attached to the NITEL Office Iponri Lagos. On the trial and conviction on a one count charge of conduct prejudicial to service discipline, the Appellant was sentenced to a term of two years in prison.

Not satisfied with that judgment and sentence, Appellant appealed to the Court of Appeal or Court below on the ground that the trial Court Martial was not properly constituted and therefore lacked jurisdiction when it tried the Appellant. The Court below dismissed the appeal thereby affirming the decision of the trial Court Martial. Being further dissatisfied, the Appellant has come before this Court on four grounds of appeal.

BACKGROUND FACTS:

The Appellant while serving in the Nigerian Army was appointed Chairman of Task Force and deployed to Iponri NITEL Exchange for investigation on the allegation …

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