MAJOR LAWRENCE OLADEJO FATOKUN v. THE NIGERIAN ARMY & ANOR
(2014)LCN/6859(CA)
RATIO
WHETHER PUNISHMENT OUTSIDE THE PROVISION OF THE LAW CAN BE IMPOSED ON AN ERRING OFFICER
I think from the express provisions of section 118(4) reproduced in this Judgment, it is clear the Army council in reviewing the decision of the Court Martial fell into grave error, Section 118(4) of the Armed Forces Act is clear and unambiguous both the General Court Martial and the Army Council cannot punish an accused person twice from the same offence’ or impose two punishments on one offence.
I am of the view that, there is clear breach of the provisions of Section 118 of the Armed Forces Act 2004, retirement from service and reduction in rank is clearly outside the punishment listed in Section 118(1) and above all Section 118(4) of the Act clearly prohibits double punishment for one offence, the General Court Martial and the Army Council certainly lack the power to embark on invention beyond the provisions of the law. Per TIJJANI ABUBAKAR, J.C.A
