LEGAL PRINCIPLE: MILITARY LAW — Disobedience to Standing Order — Proof of Engagement in Business — Form C07 Alone Insufficient
PRINCIPLE STATEMENT
To establish that a service member was engaged in any other trade or profession while still in service, there must be credible evidence other than what Form C07 revealed to that effect.
RATIO DECIDENDI (SOURCE)
Per Ejiwunmi, JSC, in Nigerian Air Force v. Obiosa (2003) NLC-3612001(SC) at p. 33; Parsons B–D.
"In order to successfully establish that the respondent was engaged in any other trade, profession or had accepted any profitable employment while still in the NAF service, there must be credible evidence other than what Form C07 revealed to that effect."
EXPLANATION / SCOPE
Form C07 alone is insufficient to prove engagement in business. The principle applies to military law. The prosecution must adduce additional evidence. The rule protects service members. The court will require corroboration. The principle is well-established.
