DALEK NIG. LIMITED V OIL MINERAL PRODUCING AREAS DEVELOPMENT COMMISSION (OMPADEC)
June 4, 2025CIVIL DESIGN CONSTRUCTION COMPANY NIG. LTD V SCOA NIGERIA LIMITED
June 4, 2025Legalpedia Citation: (2007) Legalpedia (SC) 11891
In the Supreme Court of Nigeria
Fri Feb 23, 2007
Suit Number: SC. 75/2001
CORAM
PARTIES
THE NIGERIAN AIR FORCE APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondent, a Nigerian Air Force Officer, was alleged to have used his position as Accountant to conspire and defraud the Air Force of N10,000,0000 and was charged and arraigned before the General Court Martial which found him guilty. The Court of Appeal set aside the conviction.
HELD
The Supreme Court held that the Court of Appeal was wrong to have returned a verdict of acquittal on the respondent and the GCM had jurisdiction to try the respondent for the offences he was charged with.
ISSUES
1. Whether the Court of Appeal was right in holding that the GCM lacked the jurisdiction to adjudicate over and try the respondent for the offences.2. Assuming [without conceding] that the Court of Appeal was right in holding that the GCM lacked jurisdiction to hear the case, was the Court of Appeal right in ordering an acquittal of the respondent for which offences the respondent was charged?3. Whether the burden of proof was properly placed upon the appellant to prove that the outgoing Chief of Air Staff [CAS] did not authorize the withdrawal of N10m belonging to the Nigeria Air Force, whether to be used as welfare gifts or at all.4. Whether the Court of Appeal was right in holding that the GCM was wrong to have substituted the offences in counts 3, 4 and 5 with the offence of conduct to the prejudice of service discipline under section 103[1] of the Decree, and then proceeding to convict the respondent therefore.
RATIONES DECIDENDI
WHEN CAN AN ACCUSED BE CONVICTED OF A LESSER OFFENCE?
“In any event for the provisions of Sections 142 (a) to apply to enable the GCM to convict for lesser offences, it must be shown that the particulars and the fact and the circumstances of the original offence charged are the same or similar to the lesser offence.” DAHIRU MUSDAPHER, JSC
CAN AN ACCUSED BE ACQUITTED BECAUSE HIS TRIAL WAS WITHOUT JURISDICTION
“Where a trial has been declared a nullity because, the trial court or tribunal, has no jurisdiction to adjudicate on the matter, the proper verdict to return is only to discharge the accused.” DAHIRU MUSDAPHER, JSC
WHERE LIES THE BURDEN OF PROVING AN EXCEPTION TO AN OFFENCE?
“Where a person is accused of any offence, the burden of proving the existence of circumstances bringing the case within any exception or exemption to the law lay with the accused.” DAHIRU MUSDAPHER, JSC
CASES CITED
1. Nigeria Airforce v. Wing Commander Iyen. Unreported suit No. SC. 217/2000, delivered 28/1/2005, reported (2005) SCM.2. Enahoro v. The Queen (1965) 1 ALL NLR 1253. Okwuwa v. The State(1964) 1 ALL NLR 366
STATUTES REFERRED TO
NONE
