ADEREMI, J.C.A. (Delivering the Leading Judgment): The appellant, a commissioned officer in the Nigerian Navy was appointed the Military Assistant to the Military Administrator of Imo State of Nigeria between December, 1993 and November, 1994 and was later appointed Assistant Weapons Officer on board NNS Aradu. He was by virtue of his appointment, subject to service law under the Armed Forces Decree No. 105 of 1993 as amended. He was arrested on the 25th of May 1996 and interrogated by way of investigation by the Director of Naval Intelligence, Cdr. U. J. Egbele.
Following the investigation, he was arraigned before a Court Martial on 19th December, 1996 on a three-count charge viz:
1. Disobedience to standing orders contrary to section 57(1) of Decree No. 105 of 1993. Did disobey standing orders on the Code of Conduct in that he engaged in private business on or about 6th March, 1996 thereby receiving the sum of N12,000,000.00 only as gratification from Agric. Consult (Nig.) Ltd. of …