Before Their Lordships
MAHMUD MOHAMMED Justice of The Supreme Court of Nigeria
JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria
BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
KUMAI BAYANG AKAAHS Justice of The Supreme Court of Nigeria
Between
LT. F.O. ODUNLAMI (NN/2121)- Appellant
AND
THE NIGERIAN NAVY –Respondent
…………………….A…………………….
BODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): On the 27th day of January, 2006 the appellant, a lieutenant in the Nigerian Navy was arraigned on an amended three count charge before a General Court Martial. The three count amended charge read:
COUNT ONE
STATEMENT OF OFFENCE
Murder contrary to section 106 of the Armed Forces Act, Cap. A. 20 Laws of the Federation of Nigeria, 2004.PARTICULARS OF OFFENCE
That you Lt. F.O. Odunlami NN/2121, on or about the 25th day of July, 2005 at Alausa, Ikeja, Lagos within the jurisdiction of this Court Martial, shot and killed one Peter Edeh (deceased) with a service pistol without any justification or excuse and in a manner intended to cause death or grievous bodily harm committed an offence.
COUNT TWO
STATEMENT OF OFFENCE
Loss of service property contrary to section 68 (1) (a) of the Armed Forces Act Cap A20 Laws of the Federation of Nigeria, 2004.
PARTICULARS OF OFFENCE
That you Lt. F.O. Odunlami NN/2121, on or about the 25th day of July, 2005 at Alausa, Ikeja, Lagos within the jurisdiction of this Court Martial, loss (sic) 4 rounds of 9mm live ammunition being service property issued and entrusted to your care and thereby committed an offence.
COUNT THREE
STATEMENT OF OFFENCE
Conduct to the prejudice of service discipline section 103 (i) AFA 105 of the Armed Force Act Cap A. 20 Laws of the Federation of Nigeria, 2004.
PARTICULARS OF OFFENCE
That you Lt. F.O. Odunlami NN/2121, on or about the 25th day of July, 2005 at Alausa, Ikeja, Lagos within the jurisdiction of this Court Martial, were illegally in possession of 4 Rounds of ammunition which was known to you as not being the service property officially entrusted to your care and thereby committed an offence.
