Nigerian Army V Brig. Gen. Maude Aminun-kano (2010)
LAWGLOBAL HUB Lead Judgment Report
T. MUHAMMAD, JSC
Maude Aminun Kano, a brigadier-General in the Nigerian Army, (the respondent, herein) was the Commander of the Nigerian Army School of Finance and Administration (NASFA). In September, 2005 a covering order for the purposes of setting up a General Court Martial to try the respondent was signed by one Major General N. N. Madza, Commander, Army Headquarters Garrison, Abuja. The Court martial was accordingly set-up pursuant to the provisions of the Armed Forces Act, Cap. A20, Laws of the Federal Republic of Nigeria, 2004. The offences charged against the respondent as contained in the Convening Order for the General Court Martial and the Charge Sheet were in seven counts and read as follows:
“1st Charge: Making of false official document punishable under section 90(a) of the Armed Forces Act Cap. A20 Laws of the Federation of Nigerian, 2004.
In that he at NASFA Lagos on or about 27 May, 2003 made and forward (sic) an Academic Transcipt in respect of Co. (as he then was) PA Toun to University of Nigeria Usukka, which transcript contained information relating to the grades obtained by Co. PA Toun during his Accountancy Programme at NASFA, which was to his knowledge false in material particular.
2nd Charge: Negligent Performance of Duty Punishable under section 62(b) of the Armed Forces Act Cap. A20 Laws of the Federation of Nigeria, 2004
In that he at NASFA Lagos on or about 25 Feb.03 as chairman of NASFA Academic Board failed to exercise due diligence by not cross-checking fact before nullifying the HND Certificate awarded by NASFA to Brig. Gen Pa Toun, Col NE Ekwale and 4 others
3rd Charge: Conduct to the prejudice of service discipline punishable under section 103(1) AFA Cap A20 Laws of the Federation of Nigerian, 2004.
In that he at Lagos, on or about 17 Mar 04 as Commandant NASFA, communicated false information on the academic records of Brig. Gen PA Toun, to Association of National Accountants of Nigeria, an action which tarnished the image of the senior officer and the Nigerian Army at large.
4th Charge: Conduct to the Prejudice of service discipline punshiable under section 103(1) AFA Cap A20 Laws of the Federation of Nigeria, 2004.
In that he at Lagos, on or about 17 Mar 04 as Commandant NASFA, communicated false information on the academic records of Col. NE Ekwale to Association of National Accountants of Nigerian, an action which tarnished the image of the senior officer and the Nigerian Army at large.
5th Charge: False accusation punishable under section 94(a) AFA Cap A20 Laws of the Federation of Nigeria, 2004.
In that he at NASFA Lagos on or about 2003 made an accusation against Col. PA Toun, (as he then)(sic) regarding his academic records at NASFA which accusation was false in material particular.
6th Charge: False Accusation Punishable Under Section 94(a) AFA Cap A20 Laws of the Federation of Nigeria, 2004.
In that he at NASFA Lagos on or about March 2003 made an accusation against Col NE Ekwale regarding his academic records at NASFA, which accusation was false in material particular.
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