By; AMOS MATHEW, Kaduna
Flying Officer Baritore Enee has won a dismissal case against Nigerian Air Force (NAF) authorities in a landmark judgement delivered by Justice of Court of Appeal,
Muhammad Baba Idris in Kaduna.
While delivering the judgement, Justice Idris upheld the appeal of Flying Officer Baritore Enee who was dismissed after barely three months as a commissioned officer by a General Court Martial on allegations of age falsification in 2019.
The officer had challenged his conviction by Air Force General Court Martial at the Kaduna Court of Appeal.
Justice Idris said the General Court Martial of Nigerian Air Force Institute of Technology lacked jurisdiction to convict the Appellant who was serving at Engineering Group at the time of the trial.
The Senior Advocate further argued that the Appellant was not given fair trial by the Respondent for failure to appoint a defending counsel for the Air Force officer, an infraction he noted went contrary to the principle of fair hearing as required by Order 25, rule (1)b and (c) of the rules of procedures, Air Force, 1972.
“The Court of Appeal holden in Kaduna by today’s ruling set aside the conviction and sentence of the Appellant by the General Court Martial on the 2nd day of June, 2020 presided over by Group Captain RO Agbor ( NAF /2352) in case No: NAF versus Flying Officer BA ENEE (NAF /4876 ) AFIT / 322/ HQ, Kaduna.
“An Order of this Honourable Court directing the Respondent to reinstate the Appellant forthwith to the service of the Nigeria Air Force with all his entitlements.
“The General Court Martial erred in Law and acted without jurisdiction when it was convened by Commandant of Air Force Institute of Technology, instead of Commander, 431 Engineering Group, NAF, Kaduna, being the Unit the Appellant was serving at the material time thus plunging itself into an abyss of error and consequently occasioning a substantial miscarriage of justice to the Appellant, ” affirmed the appeal court.
Reacting to the judgement, Barrister Mubarak Sani Jibrin who stood for the counsel of the Appellant hailed the presiding Judge for the hallmark ruling he described as just and in line with rule of law and constitutional provisions of Armed Forces Acts.
While urging the Air Force authority to comply with the judgement, Barrister Jibrin assured the judiciary would remain the hope of the common man.
The Officer, while expressing gratitude to God for the victory at the Appellant Court, affirmed loyalty, dedication and faith in the Armed Forces, adding that he had confidence in Nigerian Chief of Air Staff to expeditiously implement the judgement.
While delivering the judgement, Justice Idris upheld the appeal of Flying Officer Baritore Enee who was dismissed after barely three months as a commissioned officer by a General Court Martial on allegations of age falsification in 2019.
The officer had challenged his conviction by Air Force General Court Martial at the Kaduna Court of Appeal.
Justice Idris said the General Court Martial of Nigerian Air Force Institute of Technology lacked jurisdiction to convict the Appellant who was serving at Engineering Group at the time of the trial.
The Senior Advocate further argued that the Appellant was not given fair trial by the Respondent for failure to appoint a defending counsel for the Air Force officer, an infraction he noted went contrary to the principle of fair hearing as required by Order 25, rule (1)b and (c) of the rules of procedures, Air Force, 1972.
“The Court of Appeal holden in Kaduna by today’s ruling set aside the conviction and sentence of the Appellant by the General Court Martial on the 2nd day of June, 2020 presided over by Group Captain RO Agbor ( NAF /2352) in case No: NAF versus Flying Officer BA ENEE (NAF /4876 ) AFIT / 322/ HQ, Kaduna.
“An Order of this Honourable Court directing the Respondent to reinstate the Appellant forthwith to the service of the Nigeria Air Force with all his entitlements.
“The General Court Martial erred in Law and acted without jurisdiction when it was convened by Commandant of Air Force Institute of Technology, instead of Commander, 431 Engineering Group, NAF, Kaduna, being the Unit the Appellant was serving at the material time thus plunging itself into an abyss of error and consequently occasioning a substantial miscarriage of justice to the Appellant, ” affirmed the appeal court.
Reacting to the judgement, Barrister Mubarak Sani Jibrin who stood for the counsel of the Appellant hailed the presiding Judge for the hallmark ruling he described as just and in line with rule of law and constitutional provisions of Armed Forces Acts.
While urging the Air Force authority to comply with the judgement, Barrister Jibrin assured the judiciary would remain the hope of the common man.
The Officer, while expressing gratitude to God for the victory at the Appellant Court, affirmed loyalty, dedication and faith in the Armed Forces, adding that he had confidence in Nigerian Chief of Air Staff to expeditiously implement the judgement.
