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Nigerian Army v. Mohammed

THE NIGERIAN ARMY

V

COL. UMAR MOHAMMED

SUPREME COURT OF NIGERIA

SALIHU M. A. BELGORE, JSC ( Presided and Read the Lead Judgment )

IDRIS LEGBO KUTIGI, JSC

SYLVESTER UMARU ONU, JSC

ALOYSIUS IYORGYER KATSINA-ALU, JSC

AKINTOLA OLUFEMI EJIWUNMI, JSC

SC.144/1998

FRIDAY, 11TH JULY, 2002

COURT - Court-Martial - Whether bound by rules of evidence and fair

trial

EVIDENCE - Evidence Act, section 2 - Documents admitted in evidence which ought not to be admitted thereunder - Effect

FAIR HEARING - Court-Martial - Where finds accused guilty before end

of trial - Effect

MILITARY LAW - Court-Martial - Where finds accused guilty before end

of trial - Effect

MILITARY LAW - Court-Martial - Whether bound by rules of evidence and

fair trial

STATUTE - Evidence Act, section 2 - Documents admitted thereunder which ought not to be admitted - Effect

Issue:

Whether the Court of Appeal was right in setting aside the judgment of the Court-Martial in this suit.

Facts:

The respondent herein, an army officer, was arraigned before the General Court-Martial and found guilty as charged. During the trial, several documents were received in evidence which ought not to have been admitted B in view of section 2 of Evidence Act.

The respondent appealed against the judgment of the Court-Martial to the Court of Appeal, and the appeal was allowed.

Dissatisfied, the appellant herein appealed to the Supreme Court.