MOHAMMED A. DANJUMA, JCA (Delivering the Leading Judgment): This is an appeal against the decision of the General court Martial convened at Enugu by the authority of the 1st Respondent on 22nd June, 2000 which was confirmed by the said 1st, Respondent on the 2nd day of July, 2001.
The Appellant was charged with the following offences:-
(a) Count one: Absence without leave for one (1) year and eight (8) months.
(b) Count two: Disobedience to particular orders.
The Appellant pleaded not guilty to the above mentioned charges and the matter proceeded to trial. At the conclusion of trial the Appellant who had pleaded not guilty and called 4 witnesses to testify in addition to his own testimony was convicted on the first head of count upon the evidence of one witness, who essentially tendered documentary evidence as the chief clerk of the 1st Respondent's 81 Divisional Hqtrs., Enugu. He was acquitted on count 2 but convicted and sentenced to a term of reduction in Rank to Captain, with seni…