The Court of Appeal sitting in Kaduna has ordered the Nigerian Air Force to reinstate Flying Officer Baritore Enee wrongly dismissed over an allegation of age falsification by a General Court Marshall in 2019.
In a landmark judgement delivered by Justice Muhammad Baba Idris, the court upheld that the General Court Marshal of the Nigerian Air Force Institute of Technology lacked the jurisdiction to convict the Appellant who was serving at Engineering Group at the time of the trial.
The officer had challenged his conviction by Air Force General Court Martial at the Kaduna Division of the Court of Appeal.
But while delivering judgement on Thursday, 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 allegation of age falsification in 2019.
According to Justice Idris, 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.
Counsel for the officer, Mubarak Sani Jibrin, in his reaction shortly after the judgement, commended the Presiding Judge for the ruling, describing it as “just and in line with rule of law and constitutional provisions of Armed Forces Acts.”
Jibrin then urged the authority of the Nigerian Air Force to comply with the judgement, noting that the judiciary would remain the hope of the common man.
An elated Officer, who expressed gratitude to God for the victory at the Appellant Court, affirmed his unflinching loyalty, dedication and faith in the Nigerian Armed Forces, adding that he had confidence in Nigerian Chief of Air Staff to expeditiously implement the judgement.
“I will like to note and commend the current Chief of the Air Staff, Air Marshal IO Amao, for the modest and highly effective efforts he’s making towards reforming and enhancing the military redress system in the NAF, especially, the setting-up of the Ombusman administrative mechanism to check and resolve personnel complaints when wronged by their superiors, for effective redress and sustainable high morale of personnel in the discharge of their military duties.
“I, therefore, very respectfully, have no doubt whatsoever in my mind that the Chief of the Air Staff will in his characteristic brilliance, respect for the rule of law and professionalism accord the utmost regards and expeditious implementation this judgement deserves,” he added.
Copyright PUNCH.
All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express written permission from PUNCH.
Contact: [email protected]
