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Login: Password: Forum | Make a Journal Entry | View Journal Entries | Submit An Article | Make as StartPage Homepage Register Forgot password News Business Politics Sport City Diary Features Special Report Behind The News Art & Review Editorial Comment Letters Right Of Reply e-Business Law & Judiciary REAL ESTATE Education Development THISDAY Extra THISDAY Saturday THISDAY Sunday ARCHIVE     LINKS City Guides Hotels Business Exhibition Business Services Nigerian.TV Capital Markets Shops Domains WEB HOSTING Family Trees E-Africa.info E-Nigeria.net FlightsSearch.net MailingBox.net Payments   ThisDay question Is President Olusegun Obasanjo's proposed National Dialogue the way forward for Nigeria? Yes No Indifferent View results Court Urged to Set Aside Court-Martial Decision By Abimbola Akosile, 12.13.2004 Lagos A Federal High Court, holden in Lagos, has been urged to set aside a court-martial decision by the Nigerian Air Force (NAF), against an officer dismissed in 1997, on the grounds that his trial and conviction was  a violation of applicant’s right to fair hearing. However, the Air Force has responded that the court-martial was competent, and that accused officer, who allegedly escaped from custody, should return to complete his sentence. Filing his application in a motion ex-parte brought under Order 1 Rule 1, 2 and  3, and Sections 34(1)(a)  and 36 of 1999 Constitution, the plaintiff, Squadron Leader Abayomi Adebayo (rtd), sought five reliefs and order for an extension of time to enable him apply for leave to enforce his fundamental rights. On various reliefs sought, Adebayo, formerly attached to Aircraft Maintenance Depot (ACMD), at Murtala Muhammed International Airport, Ikeja, Lagos, urged court to declare that the court-martial was not composed in a manner to secure his right to fair hearing. He claimed that the court-martial, set up by Chief of Air Staff (first respondent) is not a competent court vested with criminal jurisdiction and judicial powers to try and convict the applicant, in accordance with Section 6 of 1999 Constitution. He applied that the order and his conviction be set aside. In an application filed by his counsel, Mr Olisa Agbakoba, (SAN), the applicant traced his debacle to an alleged fallout between himself and his then Commander, Group Captain Musibau Elegbede, over a piece of land allegedly belonging to his (Adebayo) family, which Elegbede secured and allegedly refused to pay for.       REMAIN INFORMED WE SEND IT TO YOUR MAIL THISDAY NEWSLETTER Name E-Mail   Who We Are | THISDAY People | Contact Us © Copyright 2000-2004 Leaders & Company Limited This Site Created by White Pages Limited

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