NIGERIAN ARMY V. M.W.O. OCHI ABUO

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Abuja Division or Court below or lower Court, Coram: Emmanuel Akomaye Agim, Adamu Jauro JJCA (as they then were) and Stephen Jonah Adah, delivered on the 13th day of March, 2019, upholding the respondent's appeal and setting aside the findings of the General Court martial delivered on the 11th October, 2012, which convicted the respondent of the offence of forgery, pursuant to Section 112(C) of the Armed Forces Act, Cap. A20, LFN, 2004 and sentenced him to six months imprisonment.

FACTS RELEVANT TO THIS APPEAL

The Respondent was arraigned before a General Court Martial convened by Major Gen. N.A. Nasamu and presided over by Brig. Gen. G. Lawal. He was charged with the offence of forgery contrary to Section 112(C) of the Armed Forces Act, Cap. A20, LFN, 2004.

The Respondent was alleged to have on or about the 28th of April, 2011 forged SD A1 Certificate, which …