CaseLaw
Onyeukwu V. State (2000) CLR 10(d) (CA)
Brief
Facts
The appellant, Squadron Leader O. T Onyeukwu was charged along with eight other Nigerian Air force officers before a General Court Martial (hereinafter abbreviated as GCM) sitting at Ikeja on 21st day of October, 1996. The offences brought against the appellant are these: 1st Count – Civil Offence, contrary to s. 114 of the Armed Forces Decree 105, 1993 that is to say conspiracy to defraud contrary to s. 422 Criminal Code.
2nd Count – Stealing contrary to s. 66 (a) of the Armed Forces Decree 105, 1993 (Alternative Court) – Receiving stolen property, contrary to S. 66 (b) of the Armed Forces Decree 105, 1993.
3rd Count – Civil offence, contrary to s. 114 Armed Forces Decree 105, 1993 that is to say conspiracy to commit official corruption contrary s. 98 (2) of the Criminal Code.
4th Count – Civil offence, contrary to s.114 of the Armed Forces Decree 1993, that is to say conspiracy to commit official corruption contrary to s.98 (2) of the criminal code.
5th Count – Receiving stolen property, contrary to s.68 (b) of the Armed Forces Decree 105, 1993.
6th Count – Receiving stolen property, contrary to s.66 (b) of the Armed Forces Decree 105, 1993.
7th Count – Receiving stolen property, contrary to s.66 (b) of the Armed Forces Decree 1993.
8th Count – Civil offence, contrary to s.114 of the Armed Forces Decree, 1993 that is to say illegal possession of fire arms contrary to s.28 (1) of the Firearms Act 1958.
9th Count – Disobedience to standing orders, contrary to s. 57 (1) Armed Forces Decree 105, 1993.
At the conclusion of trial, the appellant was found guilty on counts 2,3,5,6, 7,8 and 9 and sentenced to a total of nine years imprisonment. The sentences were to run concurrently, thus the appellant was to serve a prison term of six years. The confirming authority on 30/4/97 confirmed the sentence. Dissatisfied with his conviction and sentence, the appellant on 19/10/98 with the leave of this court filed an appeal against the judgment on fifteen grounds of appeal.