<p>AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): The Appellant, who was at the Nigerian Army School of Finance and Administration [NASFA], failed to join his unit from 21/2/2008 to 2/2/2010, and a General Court Martial [GCM] was convened by then Chief of Army Staff, Lt. General A. B. Dambazau, to try him for &quot;desertion&quot;, contrary to Section 60(1)(a) of the Armed Forces Act.</p><p>At the trial, Respondent called eleven witnesses and tendered thirty-two Exhibits, while Appellant testified in his own defence and tendered fourteen Exhibits. The GCM delivered its Judgment on 9/8/2010, wherein it found the Appellant guilty as charged and recommended that he be dismissed from the Nigerian Army, and this was confirmed by the Appropriate Superior Authority.</p><p>Dissatisfied, the Appellant appealed to the Court of Appeal with a Notice of Appeal containing six Grounds of Appeal. Both sides formulated Issues for Determination in their Briefs of Argument; however, the Court of Appeal, upon conside…</p>