FABIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Military Court convened by Brig. Gen. G. O. Abbe, the then GOC 2 Mech. Division, Nigerian Army pursuant to the powers conferred on him under the Military Court (Special Powers) Decree No. 23 of 1984. The court, presided over by Lt. Col. B. B. Usoro, handed out its decision on 4th July, 1994.
The appellant was arraigned before the Military Court on a single count charge which reads as follows:
"Statement of offence: Conduct to the prejudice of military discipline under section 71 of the NA Act, 1960 (Revised).
Particulars of offence: In that he at Monrovia, Liberia on or about November 91 while on OP Liberty borrowed the sum of $300 US from 79NA/12140 L. Cpl. Yau Suleiman and failed to pay back the said money, a conduct prejudicial to good order and military discipline."
The appellant was duly arraigned by the Military Court and he pleaded not guilty to the charge. The prosecution, in a b…