ALFRED USIOBAIFO & ANOR V. CHRISTOPHER USIOBAIFO & ANOR
June 10, 2025C.G.G. (NIGERIA) LIMITED V. CHIEF LAWRENCE OGU
June 10, 2025Legalpedia Citation: (2005) Legalpedia (SC) 71111
In the Supreme Court of Nigeria
Sun Jan 23, 2005
Suit Number: SC. 217/2002
CORAM
SYLVESTER UMARU ONU JUSTICE,SUPREME COURT
AKINTOLA OLUFEMI EJIWUNMI JUSTICE, SUPREME COURT
IBRAHIM TANKO MUHAMMAD,, JUSTICE, SUPREME COURT.
DAHIRU MUSDAPHER JUSTICE, SUPREME COURT
DENNIS ONYEJIFE EDOZIE JUSTICE, SUPREME COURT
PARTIES
1.THE CHIEF OF AIR STAFF 2.THE AIR COUNCIL 3. MINISTRY OF DEFENCE 4. ATTORNEY-GENERAL OF THE FEDERATION APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The respondent was tried and convicted in absentia upon the evidence given in another proceeding by the General Court Martial. The court of appeal discharged and acquitted him. ?
HELD
The court held that the proper order the court of appeal ought to have made (Tobi JSC dissenting) was Discharge only not Discharge and Acquittal. ?
ISSUES
1. Whether in the circumstances of this case the Court of Appeal was right in discharging and acquitting the respondent and not ordering a retrial.2. Whether the appellants require leave to file their sole ground of appeal being ground of mixed law and fact.?
RATIONES DECIDENDI
CASES CITED
1) R. V. Hodge V1 Nigeria Law Reports at page 56;2) N.A.F. V. Ex Wing Commander L.D. James (2002) 18 N.W.L.R. (pt.798) 295; (2003) 2 SCM 57, 3) I.G.P. V. Marke (1957) N.S.C.C. Vol. 1 page 9. 4) Tobby V. State (2001) 10 N.W.L.R. (pt. 720) 23, (2001) 8 SCM 178;5) Adeoye V. State (1999) 6 N.W.L.R. (pt. 605) 74;
STATUTES REFERRED TO
NONE ?
