THE NIGERIAN ARMY VS WARRANT OFFICER BANNI YAKUBU

CORAM

PARTIES

THE NIGERIAN ARMY APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The respondent was tried and convicted by the General Court Martial along with one Warrant Officer Peter Weibey for conspiracy, the appellant applied for extension of time within which to appeal against the decision of the trial court, which was granted by the Court of Appeal and the Court of Appeal found the respondent guilty. The appellant felt dissatisfied with the said Ruling of the court below and appealed to the apex court.

HELD

APPEALED DISMISSED

ISSUES

NONE

RATIONES DECIDENDI

CONSTITUTION – EFFECT OF SECTION 240 OF THE 1999 CONSTITUTION

Let me state it in clear terms that by the provision of section 240 of the 1999 Constitution of the Federal Republic of Nigeria, the court below is given exclusive appellate jurisdiction over decisions of the G.C.M. Such jurisdiction is not subject to the whims of any other quasi-judicial body or outfit.

BURDEN OF PROOF – ANY PARTY THAT ASSERT MUST PROVE

“It is basic that any party which asserts must prove same.”

COURT OF APPEAL RULES 2007 – EFFECTS OF ORDER 7 RULE 10 (2) OF THE COURT OF APPEAL RULES 2007

It must be stated here that Order 7 Rule 10 (2) of the Court of Appeal Rules 2007 provides for two conditions which must be satisfied conjunctively. The affidavit evidence must disclose good and substantial reasons for failure to appeal or seek leave to appeal within the prescribed time. The proposed grounds of appeal must show good cause why the appeal should be heard. The grounds must be arguable; not frivolous.”

CASES CITED

OKUBULE V. OYAGBOLA (1990) 4 NWLR PT. 147 AT 72 OSAWARE V. EZEIRUKA (1978) 6-7 SC 135 AT 145 NDUKWE V. OGUNBIYI (1998) 8 NWLR PT 561 AT 339 UNIVERSITY OF LAGOS V. AIGORO (1985) 1 NWLR PT 1 AT 143 HOLMAN BROS NIG. LTD V. KIGO NIG. LTD (1980) 8-11 AT 43

STATUTES REFERRED TO

NONE

CLICK HERE TO READ FULL JUDGMENT