BRIGADIER GENERAL JAM ES OMEBIJE ABDULLAHI V. THE NIGERIAN ARMY CHIEF OF ARMY STAFF CHIEF OF DEFENCE STAFF HONOURABLE MINISTER OF DEFENCE

LOKULO-SODIPE JCA (Delivering the Lead Judgment): This appeal is against the judgment of the General Court Martial, sitting at the Army Headquarters Garrison, Abuja, delivered on 30August 2005. The judgment of the General Court Martial (hereinafter simply referred to as “GCM’ ) was confirmed on 5April 2006, by the confirming authority and the terms ofthe confirmation were conveyed to the appellant by a letter dated 7 April 2006.

The facts of the case are that pursuant to a charge sheet dated July 2005 and signed by one Colonel M.B. Adamu, a six count charge was preferred against the appellant. Four of the six counts alleged that the appellant stole diverse sums of service/public property being those of the Nigerian Armed Forces. Each of the four counts of stealing was said to be contrary to section 66(a) of theAFA, Cap. A20, Laws of the Federation of Nigeria 2004. In the remaining two counts, the appellant was alleged to have made false official document, and also to have engaged in…