CaseLaw
Olatunji V. State (2000) CLR 10(b) (CA)
Brief
Facts
It was the practice under the Nigeria Airforce (hereinafter abbreviated as NAF) for its component units or departments to make requisition for funds from its Headquarters. In line with this practice, the pay accounting Group (abbreviated hereinafter as PAG) Ikeja raised requisition forms for funds needed. The forms were tendered in evidence as Exhibits 2 to 6. The forms started the purposes for which the funds were needed. NAF form No. 1487 was used. The forms were forwarded to the NAF, PAG headquarter in Lagos where they were processed and approved. The implication was that the funds as approved would only be used for the purposes stated in the NAF Form 1487. The forms 1487 used in this case were tendered as exhibit 9A, 9B and 9C.
However at the PAG in Ikeja, the funds approved on exhibits 9A, 9B and 9C rather than being utilized for the purposes for which approval was sought and obtained were in fact shared out amongst some Airforce officers including the appellant and the other accused persons.
In a general sense, the explanation offered by most of the accused persons was that on or about April, 1996. AVM Femi John Femi retired as the Chief of Air Force (abbreviated as CAS hereinafter); and that in appreciation of the loyal service of the officers in the PAG, the retiring CAS gave an order that the money be shared amongst these officers. It was given in evidence that it was a usual practice in the Armed Forces for the officers and men of the ranks to be rewarded with such gifts. It was said that on an occasion. Cars were given out as gifts to officers in the “IBB spirit”. It was further given in evidence that the instruction was passed down the line through the Director of Finance and Administration (D.F.A) Wg Cdr. P. E Iyen.
No one came forward to deny that the retired CAS gave such an order. The retired CAS was not called as a witness. Neither was the Director for Finance and Administration through whom the order was passed down the line. It was in these circumstances that most of the accused person were charged with stealing the money shared out to them and or receiving stolen property.
It is important to note though the appellant was arraigned before the general court martial on 26/7/96, he had retired from the Nigerian Air Force on 27/4/96. On 6/8/96, the charge against the appellant was withdrawn and struck out. On the same date however, a new charge sheet was filed against the appellant upon which he was eventually convicted and sentenced. The general court martial found the appellant guilty and sentenced him to a total of 45 years imprisonment.
Dissatisfied the appellant appealed to the Court of Appeal.