YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of a Special Court Martial convened by MAJOR GENERAL O.A. IHEJIRIKA which tried and convicted the Appellant on the 16th day of June, 2008 and reduced the rank of the Appellant from Major to Captain. Dissatisfied with the decision the appellant filed a notice of Appeal setting out 9 grounds of appeal.
Brief facts of the events leading to this appeal are straight forward.The appellant was a serving military officer and 2i/c to Lt. Col. Owhonda of 149 Battalion and an administrative officer of the Battalion at Ojo Cantonment at the time relevant to this judgment. The C/OLt. Col Owhonda was assaulted, beaten to stupor and subsequently taken outside the barracks by some soldiers as a result of a purported amorous relationship with one Mrs. Oshioghele. The Appellant being the next in command was expected to assume control of the battalion in the absence of the commanding officer and report …