ADAMU, J.C.A.(Delivering the Leading Judgment): The appellant, a Major in the Nigerian Army was convicted on 27/12/96 for conduct to the prejudice of service discipline punishable under section 103 of the Armed Forces Decree, No. 105 of 1993. The proceedings (or trial) were conducted before a Court Martial (constituted under the Decree) which upon conviction sentenced the appellant to 18 months imprisonment. Being dissatisfied with his conviction, the appellant obtained the necessary leave and filed a notice of appeal to this court in terms with the Armed Forces (Amendment) Decree No. 15 of 1997 (section 183 thereof). For ease of reference and in this judgment the Armed Forces Decree No. 105 of 1993 will hereafter be referred to as the main or enabling Decree while the Amendment in Decree No. 15 of 1997 will be referred to as "the Amendment Decree".
In its effort to prove its case against the appellant, the prosecution called 3 (three) witnesses on whose evidence it relied. The appel…