THE NIGERIA ARMY V SGT. ASANU SAMUEL & ORS

CORAM

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PARTIES

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THE NIGERIAN ARMY APPELLANTS

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SGT. ASANU SAMUEL CPL ADIGUN GANIYU CPL OPAKUNBI JAMES GNR EKONG EDET RESPONDENTS

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AREA(S) OF LAW

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SUMMARY OF FACTS

SUMMARY OF FACTS
The respondents in this case where charged with the offence of conduct prejudicial to military discipline contrary to Section 103 (1) of the Armed Forces Decree, 1993. The respondents were alleged to have had knowledge of a plan by a soldier to kill a fellow soldier over a jerry can of kerosene. The incriminating intention was their knowledge of the purposed act and doing nothing about it. Consequently they were tried in a Court Martial and were discharged from the service. Aggrieved by this they appealed to the Court of Appeal where they were discharged and acquitted. The appellants aggrieved by this have appealed to the Supreme Court.

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HELD

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Whether the Court of Appeal had jurisdiction to proceed with the appeal when the notice of appeal was manifestly defective (Grounds 7 and B)

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ISSUES

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Whether the Court of Appeal had jurisdiction to proceed with the appeal when the notice of appeal was manifestly defective (Grounds 7 and B)

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RATIONES DECIDENDI

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CASES CITED

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Okafor vs Nweke (2007) 10 NWLR (Pt. 1043) 521|Oketade vs Adewunmi (2010) 8 NWLR (Pt. 1195) 63

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STATUTES REFERRED TO

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Order 4 Rule 4(1) of the Court of Appeal Rules, 2002|Section 2(1) and 24 of the Legal Practitioners Act,|

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