Appeal Court Orders Reinstatement Of Dismissed Air Force Officer

A General Court Marshall accused Flying Officer Baritore Enee of age falsification in 2019, and the Court of Appeal in Kaduna ordered the Nigerian Air Force to reinstate him.

Court upheld General Court Marshal of Nigerian Air Force Institute of Technology’s lack of jurisdiction to convict Appellant who was serving at Engineering Group at the time of trial in landmark judgement by Justice Muhammad Baba Idris.

The officer appealed his conviction by the Air Force General Court Martial in Kaduna.

But on Thursday, Justice Idris upheld the appeal of Flying Officer Baritore Enee, who was dismissed by a General Court Martial in 2019 for allegedly lying about his age.

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The Respondent failed to appoint a defense counsel for the Air Force officer, a violation of Order 25, rule (1)b and (c) of the rules of procedure, Air Force, 1972, according to Justice Idris.

In case No: NAF versus Flying Officer BA ENEE (NAF /4876 ) AFIT / 322/ HQ, Kaduna, the Court of Appeal held in Kaduna today set aside the Appellant’s conviction and sentence by the General Court Martial presided over by Group Captain RO Agbor ( NAF /2352).

Order of this Honourable Court directing the Respondent to immediately reinstate the Appellant to the Nigerian Air Force with full benefits.

“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, where the Appellant was serving at the time,” affirmed the Appeal Court.

Mubarak Sani Jibrin, the officer’s lawyer, praised the Presiding Judge’s decision, calling it “just and in line with rule of law and constitutional provisions of Armed Forces Acts.”

Jibrin then urged the Nigerian Air Force to obey the court order, stating that the judiciary was the common man’s hope.

Armed Forces of Nigeria, he pledged his unwavering loyalty, dedication, and faith in the Nigerian Armed Forces, and confidence in the Nigerian Chief of Air Staff to swiftly implement the judgement.

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.

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The Chief of the Air Staff, he added, will “in his characteristic brilliance, respect for the rule of law and professionalism” accord the highest regard and expeditious implementation of the judgment.