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Nigerian Air Force v. Shekete

THE NIGERIAN AIR FORCE

V

WING COMMANDER T. L. A. SHEKETE

SUPREME COURT OF NIGERIA

MICHAEL E. OGUNDARE, JSC (Presided and Read the Lead Judgment)

UTHMAN MOHAMMED, JSC

UMARU ATU KALGO, JSC

SAMSON ODEMWINGIE UWAIFO, JSC

AKINTOLA OLUFEMI EJIWUNMI, JSC

SC. 362/2001

FRIDAY, 12TH JULY, 2002

APPEAL - Right of appeal - Nigerian Air Force being a party to the proceedings at the Court of Appeal - Whether has a right of appeal to the Supreme Court

APPEAL - Right of appeal - Right of appeal of the Nigerian Air Force from the decision of the court martial and the Court of Appeal under section 233(2), (3) and (5) of the Constitution - Whether section 190 of the Armed Forces Decree which empowers the Attorney-General to defend the decision of the court-martial before the Court of Appeal takes away same

CONSTITUTIONAL LAW - Constitution 1999, section 233(2), (3) and (5) Right of Appeal of the Nigerian Air Force from the decision of the court-martial to the Court of Appeal thereunder - Whether section 190  of the Armed Forces Decree empowering the Attorney-General of the Federation to defend the decision of the court-martial before the Court of Appeal takes same way

COURT - Court of Appeal - Nigerian Air Force being a party to the proceeding thereat - Whether has a right of appeal to the Supreme

Court

COURT - Court-martial - Parties to proceedingsbefore court-martal Whether have  right of appeal at every stage to the Supreme Court Armed Forces Decree No. 105 of 1993, sections 183, 187 and 202

STATUTE - Armed Forces Decree No. 105 of 1993, sections 183, 187 and 202 -  Parties to a court-martial proceedings thereunder - Right of appeal of same to the Supreme Court

STATUTE - Armed Forces Decree, section 190 - Power of the AttorneyGeneral of the Federation thereunder to defend the decision of the court-martial before the Court of Appeal - Whether takes away the right of appeal of the Nigerian Air Force from the decision of the court-martial to the Court of Appeal under section 233(2), (3) and (5)  of the Constitution

Issue:

Whether section 190 of the Armed Forces Decree which empowers the Attorney-General of the Federation to defend the decision of the court-martial before the Court of Appeal takes away the right of appeal of the Nigerian Air Force from same to the Court of Appeal.

Facts:

The appellant herein brought an application praying the Supreme Court for the following specific orders:

1.            An order of extension of time to seek leave to appeal on grounds other than grounds of law against the judgment of the Court of Appeal delivered on the 28th of September, 2000.

2.            An order for leave to appeal on grounds other than grounds of law.

3.            An order for extension of time to appeal on grounds other than grounds of law particularly in respect of the ground iv.

4.            Leave to amend the notice of appeal dated the 27th day of October 2000 by substituting the proposed amended notice of appeal dated the 27th of October 2000 (sic)

5.            An order deeming the amended notice of appeal dated the 1st day of November 2001 (sic) as having been duly and properly amended and duly filed and served.

The respondent however filed a preliminary objection to the application.