REAR ADMIRAL FRANCIS ECHIE AGBITI V. THE NIGERIAN NAVY

SUBJECT MATTER-

JURISDICTION –   Composition of Court -Where wrongly constituted – Effect of.

FAIR HEARING – Likelihood of bias- how proved.

RULES OF COURT – Failure to comply with rules of evidence and criminal procedure – Effect of.

‘ The composition of members of a court is a condition precedent imposed by statute. Non- compliance with the provisions of the statute strips the Tribunal of competence. Where the Tribunal is not competent it therefore lacks the jurisdiction to try the appellant. All the proceedings in the trial and the verdict automatically become a nullity.’

–          per O.O. Adekeye JSC.

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