Rear Admiral Francis Echie Agbiti V The Nigerian Navy (2011)

LAWGLOBAL HUB Lead Judgment Report

OLUFUNLOLA OYELOLA ADEKEYE, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Lagos Division delivered on the 11th of December, 2001. The background facts of this case are that Rear Admiral Francis Echie Agbiti, a former officer in the Nigerian Navy now appellant before this court was tried by a General court Martial, hereafter to be referred to as the “Tribunal”, with two other officers of the Nigerian Navy, Rear Admiral S.B. Kolawole NN/02/2 and Rear Admiral A.I. Bob-Manuel NN/0276, for the under mentioned offences: –

COUNT I

Statement of Offence

Conspiracy to commit felony contrary to section 114, subsection 1 of the Armed Forces Act (AFA) cap. A20 Laws of Nigeria 2004 and punishable under Section 516 of the Criminal Code Act Cap C 41 Laws of the Federation of Nigeria 2004.

Particulars of Offence

That you, Rear Admiral F.E. Agbiti NN/0237 between February and August 2004 conspired with Rear Admirals Bob-Manuel NN/0276 and S.B. Kolawole NN/02/2 and other persons unknown to facilitate and/or effect the disappearance of Vessel MT AFRICAN PRIDE from lawful custody of the Nigerian Navy.

COUNT II

Statement of Offence

Conduct to the prejudice of service discipline contrary to section 103, subsection 1 Armed Forces Act cap 120, Laws of the Federation of Nigeria 2004.

Particulars of Offence

That you, Rear Admiral F.E. Agbiti as CTOPS on/or about 17th February, 2004 at Naval Headquarters Abuja, wrongfully caused the release of a signed signal DTG 17/118 February 2004 which led to the non-compliance with the Chief of Naval Staff order that all arrested vessels inclusive MT AFRICAN PRIDE under the custody of the Nigerian Navy should be handed over to the Nigerian Police.

COUNT III

Statement of Offence