KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Abuja Division delivered on 18th March 2010 affirming the decision of the General Court Martial sitting at Officers' Mess, Mogadishu Cantonment, Abuja delivered on 29th August 2005, which found the appellant guilty on a one count charge of defilement contrary to Section 78 of the Armed Forces Act Cap. A20 Laws of the Federation of Nigeria (LFN) 2004 and sentenced him to a term of four years imprisonment.
The charge against the appellant is as follows:
"The accused 91NA/32/4119 Cpl Isah Ahmed - AHQ Gar being a person subject to service Law is charged with:
Statement of offence: DEFILEMENT CONTRARY TO SECTION 78 OF THE ARMED FORCES CAP A20 LAWS OF THE FEDERATION OF NIGERIA, 2004, Particulars of offence: In that he at Abuja between Jan 04 and March 05 had carnal knowledge of Miss Ruth Waziri, a girl under the age of 16."
He pleaded not guilty. In …