DOMINIC PRINCENT & ORS VS THE STATE
June 18, 2025MOBIL PRODUCING NIGERIA LTD VS LAGOS STATE ENVIRONMENTAL PROTECTION AGENCY & ORS
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 19565
In the Supreme Court of Nigeria
Thu Dec 12, 2002
Suit Number: SC. 363/2001
CORAM
PARTIES
NIGERIA AIR FORCE 2ND DEFENDANT / APPELLANT
1ST DEFENDANT/RESPONDENT
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent was convicted by a General Court Martial; the conviction was set aside by the court of appeal on the grounds that Chief of Air Staff could not delegate his power to convene a court martial and that the amended charge under which the conviction was based was filed more than 5 months of the respondent’s leaving the military.
HELD
The court allowed the appeal and held that the Chief of Air Staff could delegate its powers to convene a court martial and that the trial began within 3 months despite the amendment of the charge.
ISSUES
None.
RATIONES DECIDENDI
DELEGATION OF POWER TO CONVENE GENERAL COURT MARTIAL
Sub-section (3) of section 131 of the Armed Forces Decree empowers an appropriate superior authority to authorise a senior officer to order a court martial in special circumstances – Onu J.S.C.
CASES CITED
Ogbuanyinya v. Okudo (No.2) (1990) 4 NWLR (Part 146) 551 at 570 paragraphs D – E. Nosiru Attah v. State (1993) 7 NWLR (Pt. 305) 257Madukolu v. Nkemdilim (1962) 1 All NLR 587; Saude v. Abdullahi (1989) 4 NWLR (Pt. 116) 387
STATUTES REFERRED TO
The Armed Forces DecreeThe Criminal Procedure Act
