Brigadier General James Omebije Abdullahi V. Nigerian Army & Ors (2018)

LAWGLOBAL HUB Lead Judgment Report

AMINA ADAMU AUGIE, J.S.C.

This Application for substitution raises a novel issue of whether Applicants can be substituted for the deceased Appellant, who had a pending criminal appeal, before his death on 22/10/2014. The Applicants acknowledge that the general principle of law is that upon the death of the Accused Person, during the trial or on appeal, the proceedings terminates. But they believe that the situation they are faced with, following the death of the deceased Appellant, is unique, and a blanket application of the general principle would not be just or equitable.

It is this premise that Applicants, who are Administrators of the deceased Appellant’s Estate, filed this praying tor the following –

1. AN ORDER of this Honourable Court substituting the name of Brigadier General James Omebije Abdullahi [deceased Appellant), with that of Mrs. Elizabeth Abdullahi and Abdullahi Akoji Leroy (Administrators of the Estate of Late Brigadier General James Omebije Abdullahi), for the purpose of continuing with the prosecution of Ground No. 9 only in the Original Notice of Appeal which relates to the

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Order Made by the lower Court affecting/touching on the deceased Appellant property covered by Certificate of Occupancy No. FCT/ABU/BN.897 in the name of Lt. Col. James Omebije Abdullahi, and situate at Plot 741 cadastral, Zone B2, Durumi, District, Abuja.

2. AN ORDER granting leave to the Applicants to amend the Notice of Appeal filed on 22/5/2009 as per Schedule 1 attached to this Application, if Prayer 1 is granted.
3. AN ORDER granting leave to the Applicants to amend the Appellants Brief of Argument dated and filed on the 15/3/2012, in terms of Schedule 2 attached to this Application, if Prayer 1 above is granted
4. AN ORDER of this Honourable Court deeming the Amended Notice of Appeal and Amended Appellants Brief of Argument attached to this application as EXHIBITS 8 and 9 respectively, as having been duly filed and served on the Respondents, same having been filed separately at the Registry of this Court.

The Grounds upon which the Application is based are as follows-

(1) The Appellant (deceased) died on 22/10/2014 during the pendency of this Appeal

(2) That in addition to the challenge to the judgment

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of the lower Court affirming the deceased Appellants conviction, this Appeal challenged the propriety of the order made by the lower Court touching on the property of the Deceased covered by Certificate of Occupancy No. FCT/ABU/BN.897, as contained in Ground 9 of the Original Notice of Appeal filed on 22/5/2009.

(3) That the judgment of the lower Court which purportedly affirmed the decision of the general Court Martial as confirmed by the Army Council (the CONFIRMING Authority) directed the forfeiture of the deceaseds Appellants Landed property by way of restitution, whereas, the decision of the General Court Martial as confirmed by the Army council is that: He is to refund the sum of #33,500,000.00 (thirty three million five hundred thousand naira) only within 90 days wef date of this letter to the Nigerian Armed Forces, through HQ NACMP, failing which his personal property is to be confiscated to recover said amount”.

(4} That the Property which the Respondents purportedly confiscated to recover the said amount” of #33,500, 000 00 (thirty-three million five thousand naira) only was valued since 20/1/2005 at

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83,100,000.00 (Eighty Three Million One Hundred Thousand Naira only and the valuation report is part of the record before the lower Court

(5) That even though the Judgment of the General Court Martial ordered that the Appellant’s Property be forfeited by way of restitution to the Respondents particularly the 1st Respondent, the decision of the Confirming Authority is that the personal Property of the Appellant was to be confiscated to recover the sum of N33, 500,000.00 (thirty-three million five hundred thousand naira) only.