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CaseLaw

The Nigerian Army Vs. Sgt. Samuel (2013) CLR 7(g) (SC)

Judgement delivered on July 12th 2013

Brief

  • General court martial
  • Reply brief
  • Order 4 Rule 4(1) Court of Appeal Rules, 2002
  • Processes signed and issued by law firm
  • Joint notice of appeal
  • Law firm capability in suing anyone
  • Legal processes and Section 2(1) and 24 of the Legal Practitioners Act

Facts

The respondents were soldiers serving with the 322 Field Artillery Regiment, Benin City and were deployed to NNPC Depot, Benin City for security service. Sometime in 1995, the respondents were arraigned before a General Court Martial convened by Brigadier General Patrick Newton Aziza who acted as the General Officer commanding 2 Mechanized Division, charged with the offence of conduct prejudicial to military discipline contrary to Section 103 (1) of the Armed Forces Decree, 1993. The respondents were alleged to have had knowledge of a plan by L/.Cpl. Macaulay (FNA/6005) to kill late Lt. E. S Ibelegbu (N/0599) over a jerry can of kerosene seized from the L/Cpl. Macaulay. It is the case of the prosecution that although the respondents were aware of the plan, they did not do anything to avert the commission of the crime. Following the verdict of the General Court Martial, the 1st, 2nd and 3rd respondents were dismissed from the Nigeria Army while the 4th respondent was sentenced to two years imprisonment.

Issues

  • 1
    Whether the Court of Appeal had jurisdiction to proceed with the appeal...
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