LT. K. C. OBONYANO V. NIGERIAN ARMY

JAMES GAMBO ABUNDAGA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the 1st Division General Court Martial of the Nigerian Army, sitting at 1 Division Officers Mess, Kaduna (hereinafter called the “General Court Martial” or “GCM” for short), delivered on 4th October, 2012.

The Appellant was charged, arraigned and tried before the General Court Martial on a count of fraternization, punishable under Section 80 of the Armed Forces Act Cap A20 Laws of the Federation of Nigeria 2004, and 13 counts of cheating punishable under Section 113(a) of the Armed Forces Act, Cap A20 Laws of the Federation of Nigeria 2004. The charges are listed as counts 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 (See pages 4-17 of the record).

Counts 1, 2 and 4 which were initially part of the charges against the appellant were withdrawn by the Prosecution before the appellants’ arraignment leaving the 14 listed above.

​The Appellant pleaded not guilty to all the counts, …