Legalpedia Citation: (2011-02) Legalpedia (SC) 51611
In the Supreme Court of Nigeria
Fri Feb 4, 2011
Suit Number: HOLDEN AT ABUJA
CORAM
SULEIMAN GALADIMA BODE RHODES-VIVOUR, JUSTICE, SUPREME COURT
PARTIES
REAR ADMIRAL FRANCIS ECHIE AGBITI APPELLANTS
THE NIGERIAN NAVY
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
Rear Admiral Francis Echie Agbiti, a former officer in the Nigerian Navy now appellant before this court was tried by a General Court Martial, hereafter to be referred to as the Tribunal, with two other officers of the Nigerian Navy, for conspiracy to commit felony, conduct to the prejudice of service discipline and fraudulently altering service documents. The tribunal discharged and acquitted him on the charge of conspiracy but found him guilty on the other charges and was sentenced to dismissal from the Armed Forces. His appeal was dismissed by the Court of Appeal
HELD
Appeal allowed
ISSUES
NONE
RATIONES DECIDENDI
WHEN ISSUE OF JURISDICTION CAN BE RAISED
“The issue of jurisdiction or competence when raised must be one which must be capable of being disposed of without the need to call additional evidence.” PER ADEKEYE, JSC
DEFINITION OF JURISDICTION
“Jurisdiction has been defined as a term of comprehensive import embracing every kind of judicial action.” PER ADEKEYE, JSC
TEST OF BIAS
“In effect, the test of real likelihood of bias is that there must be circumstances from which a reasonable man would think it likely or probable that the decision maker would or did in fact favour one side unfairly.” PER ADEKEYE, JSC
RULE AGAINST BIAS
“Fair hearing requires the observance of the twin pillars of the Rules of Natural justice namely-
(a) Audi alteram partem that is hear the other side.
(b) Nemo judex in causa sua that is, no one should be a judge in his own cause.” PER ADEKEYE, JSC
COMPOSITION OF A TRIBUNAL IS STATUTORY
“The issue of the composition of a Tribunal is statutory as it is embodied in the Armed Forces Act 2004 and this must be strictly complied with.” PER ADEKEYE, JSC
COMPETENCY OF A COURT
“Therefore a court is competent to entertain a case when-
(a) It is properly constituted as regards numbers and qualifications of the members of the bench and no member is disqualified for one reason or another, and
(b)The subject-matter of the case is within its jurisdiction and there is no feature in the case which prevents the court from exercising its jurisdiction
(c) The case comes before the court initiated by due process of the law and upon fulfillment of any condition precedent to the exercise of jurisdiction” PER ADEKEYE, JSC
EFFECT OF NON-COMPLIANCE WITH CONDITION PRECEDENT IMPOSED BY STATUTE
“The composition of member of the court is a condition precedent imposed by statute. Non-compliance with the provisions of the statute strips the Tribunal of competence where the Tribunal is not competent; it therefore lacks the jurisdiction to try the appellant. All the proceedings in the trial and the verdict automatically become a nullity.”PER ADEKEYE, JSC
MILITARY COURTS ARE BOUND BY THE CRIMINAL RULES OF EVIDENCE AND FAIR HEARING
“The court martial which is a military court recognized by the Constitution is also always bound by the criminal rules of evidence and manifestations of fair trial.” PER ADEKEYE, JSC
ISSUES FOR DETERMINATION
“Issues for determination in any appeal must flow from the grounds of appeal. They must project clearly and succinctly the substance of the complaint contained in the grounds of appeal. It is therefore wrong for an appellant or respondent to load many complaints in one issue for determination or create subsections under one issue. Issues for determination are meant to acquaint the court with the grievances of the parties in the appeal and subsequently assist the court in doing substantial justice in the determination of the issues. Where many grounds of appeal are compressed to form a single issue, they must relate, be clear and straight forward.” PER ADEKEYE, JSC
CRITERIA OF FAIR HEARING
“The basic criteria and attributes of fair hearing are-
(a) That the tribunal or court must hear both sides not only in the case but also on all material issues in the case before reaching a decision.
(b) That having regard to all the circumstances in every material decision in the case, justice must not only be done but must manifestly and undoubtedly be seen to have been done.” PER ADEKEYE, JSC
CASES CITED
Oshatoba v. Olujitan (2000) 5 NWLR pt.655 pg.159.Madukolu v. Nkemdilim (1962) 2 SCNLR 341 at pg.348.Bamgboye v. University of lIorin (1999) 10 NWLR pt.622 pg.290.
STATUTES REFERRED TO
Armed Forces Act 2004,1999 Constitution