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Sections News Editorial/Opinion Cover Choice Arts & Life Business Politics Sports   Subscription Form Click here       Daily Independent Online.         * Monday, July 05, 2004. Supreme Court voids conviction of Air Force officer By Rotimi Fadeyi, Senior Correspondent, Abuja   The Supreme Court last Friday declared as unjustified the conviction of Squadron Leader O.T. Onyeukwu by the General Court Martial (the GCM) for alleged conspiracy and theft in April 1996. The apex court ruled that there was insufficient evidence to prove that Onyeukwu was guilty of the offence. With the judgment, the court dismissed the appeal by the state and affirmed the judgment of the Court of Appeal, which also voided the decision of the court martial and consequently discharged and acquitted Onyeukwu. In the lead judgment by Justice Samson Odemwingie Uwaifo, the court disagreed with the Court of Appeal that the proceeding of the court martial in which the squadron leader was jointly tried with eight others was a nullity. Six other justices of the apex court agreed with the lead judgement of Uwaifo. They are Idris Legbo Kutigi; Sylvester Umaru Onu; Aloysius Iyorgyer Katsina- Alu; Umaru Atu Kalgo; Dahiru Musdapher and Ignatius Chukwudi Pats- Acholonu. Reviewing the case, Justice Uwaifo said there were eight other separate indictments brought against different individuals. Those indictments were consolidated with the respondent’s indictment and a joint trial of all the nine accused persons was conducted by the GCM held at Ikeja, Lagos. On October1996, the GCM found the respondent guilty on seven counts of conspiracy and theft. In addition, Onyeukwu was to pay a total of N2, 250,000 while the conviction, sentences and order were confirmed by the confirming authority. But on June 22, 2000, the Court of Appeal set aside the decision of the court martial. It discharged and acquitted Onyeukwu. The state then appealed to the Supreme Court to challenge the verdict of the Court of Appeal. But last Friday, the apex court said the joint trial was in order. It held that Onyeukwu had the option to object to the joint trial of the separate indictments as provided for in section 168 of the Criminal Procedure Act (CPA), but he did not.   The court therefore endorsed the joint trial but declared that Onyeukwu was wrongly convicted, as the evidence adduced was not enough to warrant his conviction. The apex ruled that the appeal by the state lacked merit and was dismissed.       Copyright� 2002. All Rights Reserved Independent Newspapers Limited Block5, Plot 7D, Wempco Road, Ogba, P.M.B. 21777, Ikeja, Lagos State, Nigeria. www.dailyindependentng.com e-mail: [email protected]

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