BRIEF OF ARGUMENT (2)

IN THE SUPREME COURT OF NIGERIA

HOLDEN AT ABUJA

S.C NO: SC/0099

APPEAL NO: CA/90/134/15

CHARGE NO:

BETWEEN

NAVAL FORCES…………………………………………………………… APPELLANT

AND

SGT.ABD - DATE YATU RESPONDENTS

• ONIRU IYIOLA
• CPL.TAYOJAPHET

APPELLANT'S BRIEF OF ARGUMENT

1.0 INTRODUCTION

1.1 This is an appeal against the decision of the Court of Appeal holden at Ibadan per Justice Ade, Kehinde Imukoro and Tade Iga JJCA delivered on Wednesday the 13th day of December, 2006. The appeal in the Court of Appeal was the aftermath of the decision of the General Court Martial convened in 1995 by the General Officer Commanding (GOC) 2 Mechanized Division of the Nigerian Army, Ibadan, Brigadier General Patrick Aziza. The Court Martial convicted and sentenced the respondents to various terms of imprisonment.

1.2 The appellant is a statutory body established as an arm of the Nigerian Armed Forces and charged with the responsibility of the defence of the territory of the Federal Republic of Nigeria

1.3 The Respondents at all times material to the case were employees of the appellant. The appellant herein was the respondent at the lower court, while all the respondents were the appellants at the lower court.

2.0 STATEMENT OF FACTS

2.1 The Respondents were soldiers serving…………………………………………………………………………..

3.0 ISSUES FOR DETERMINATION

3.1 In determining this appeal we respectfully formulate the following issues for determination:

• Whether the Court of Appeal had jurisdiction to proceed with the appeal when the notice of appeal was manifestly defective. (Grounds 7 and 8)
• Whether it is not proper to convict on the evidence of a tainted witness where there is no corroborative evidence. (Grounds 4 and 6)
• Whether by virtue of section 152 (1) (a) of the Armed Forces Decree 1993, it is not proper for a convening officer in a court martial proceedings to act as a confirming officer. (Ground 5)

ARGUMENT

• ISSUE ONE

Whether the Court of Appeal had jurisdiction to proceed with the appeal when the notice of appeal was manifestly defective.