CORAM
SUNDAY AKINOLA AKINTAN
IKECHI FRANCIS OGBUAGU
PARTIES
MAJOR BELLO M. MAGAJI APPELLANTS
THE NIGERIAN ARMY RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
SUMMARY OF FACTS
The appellant was convicted of sodomy, he appealed on the grounds that the Court Martial was not properly constituted and that proceeding of the court martial was irregular.
HELD
The court held that he was rightly convicted by the court martial and the lower court was not in error in upholding the decision.
ISSUES
1. Whether the Court Martial convened by Brigadier-General P.N. Aziza was competent, having regards to the fact that there was no prior investigation of the charge against the Appellant in the manner prescribed by law and that the Appellant was not under his command. 2. Whether the lower court was right when it held that the prosecution witnesses testified on oath.
RATIONES DECIDENDI
CASES CITED
Madukolu v. Nkemdilim (1962) 1 All NLR 587
STATUTES REFERRED TO
None|