ADEKEYE JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Court of Appeal, Lagos Division, delivered on the 11 December 2007. The background facts of this case are that Rear
Admiral Francis Echie Agbiti, a former officer in the Nigerian Navy, now appellant before this court was tried by a General Court Martial, hereafter to be referred to as the “tribunal”, with two other officers of the Nigerian Navy, Rear Admiral S.B. Kolawole NN/0212 and Rear AdmiralA.I. Bob-
Manuel NN/0276, for the undermentioned offences:
Count I Statement of offence
Conspiracy to commit felony contrary to section 114, subsection 1 of the Armed Forces Act (AFA), Cap.A20, Laws of Nigeria, 2004 and punishable under section 516 of the Criminal Code Act,Cap. C41,Laws ofthe Federationof Nigeria, 2004.
Particulars of offence
That you, Rear Admiral F.E. Agbiti NN/0237 between Februaryand August 2004 conspired with RearAdmirals Bob-
Manuel NN/0276 and S.B. Kolawole NN/0212 and other perso…