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CaseLaw

Nig. Army Vs. Dodo (2012) CLR 6(b) (SC)

Judgement delivered on June 8th 2012

Brief

  • Interpretation of statutes
  • Judge Advocate

Facts

This is an appeal against the decision of the Court of Appeal, Lagos Division, which affirmed the conviction of the appellant by the General Court Martial.

In the said court, the three counts charge against the appellant and his co-accused were as follows:-

  • 1
    Charge one:
  • Statement of offence: Conspiracy to steal contrary to Section 516 of the Criminal Code Act and punishable under Section 114 of the Armed Forces Decree 1993.
  • Particulars of offence: In that he, at D. M. P. Ikoyi on or about May; 1998 conspired with others to steal the sum of N8.9 Million, being property of the Federal Government of Nigeria.
  • 2
    Charge two:
  • Statement of offence: Stealing, contrary to and punishable under Section 66(a) of the Armed Forces Decree, 1993.
  • Particulars of offence: In that he, at D. M. P. Ikoyi on or about May, 1998 stole the sum of N8.9 Million being property of the Federal Government of Nigeria.
  • 3
    Charge three:
  • Statement of offence: Making of false documents contrary to and punishable under Section 90(a) of the Armed Forces Decree 1993.
  • Particulars of offence: In that he, at D. M. P. Ikoyi on or about May, 1998 connived with others to illegally include 53 fake ex-trainees in a pay schedule thereby defrauding the Federal Government of Nigeria of N8.9 Million."

The General Court Martial after evaluating the evidence before it found the appellant and his co-offenders guilty as follow:-

  • "The court hereby finds Lt. Col. Yakubu, Lt. Dodo, Lt. Mohammed and Sgt. Goho guilty of the offences of conspiracy to steal N8.9m and stealing same property of the Nigerian Armed Forces. Lt. Dodo and Lt. Mohammed guilty on the count of making false statement. Lt. Col. A. O. Yakubu and Sgt. Goho are discharged on this count of making of false statement. All findings are subject to confirmation."

    • After the mitigation of punishment, the General Court Martial sentenced the appellant thus:-

    • "Lt. D. P. Dodo (N/l0088).
    • 1
      Count one - 7 years imprisonment.
    • 2
      Count Two - 2 years ”
    • 3
      Count Three - 7 years ”

    ........................................... All the sentences are subject to confirmation by the Appropriate Superior Authority (ASA).

    Recommendations

    The court recommended that:

    • a
      All monies stolen should be recovered and paid into the coffers of the NA.
    • b
      DMP should be recognized to enhance probity and accountability.
    • c
      The issue of money cheques at DMP should be addressed."

    Aggrieved by the conviction and sentence of the General Court Martial, the appellant appealed to the Court of Appeal on three grounds of appeal. The Court of Appeal allowed the appeal as follows:-

    • "The inclusion of a Military Police Officer as a member of the court martial has denied the court martial the competence to entertain the charge against the appellant and it is on these ground (sic) that his appeal succeeds. Having found the court martial incompetent, it is unnecessary to go into other issues raised in the grounds of appeal. The proceedings of the court martial is hereby vacated and the appellant discharged."

    The Nigerian Army was dissatisfied with the decision of the Court of Appeal, hence it appealed to the Supreme Court.

Issues

  • 1
    Whether the Court of Appeal was right in law when it held that the Judge...
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