LIEUTENANT COMMANDER O. E. SOGBESAN V. CHIEF OF NAVAL STAFF NIGERIAN NAVY

GARBA JCA (Delivering the Lead Judgment): This appellant, a naval officer, was arraigned and charged along with four (4) other naval personnel, before a General Court Martial (to be called GCM hereinafter) convened by Rear Admiral B. A. Raji, NN/0486, the Flag Officer Commanding, Eastern Naval Command of the Nigerian Navy, on the 26 September 2007. He was personally charged and tried on a seven (7) count charge, but eventually convicted on three (3) counts, which were as follows:

“Count 7:

That you Cdr. O. E. Sogbesan NN/1424 between 2 and 3 June 2007 at NNS Pathfinder, Port Harcourt without reasonable excuse failed to lead an operation for the arrest of Mt Mahdi (aka Balle Inih, Victory)”.

“Count 10:

That you Cdr. O. E. Sogbesan NN/1424 on 28 May 2007 did accept the sum of N1,000,000.00 (one million naira) only for the purpose of loading Mt Balle (aka Inih, Mahdi Victory) with suspected stolen crude oil.”

“Count 11:

That you Cdr. O. E. Sogbesan NN/1424 on March 2007 at NNS Pathfind…