CHINWE EUGENIA IYIZOBA, J.C.A. (Delivering the Leading Judgment): The Appellant Staff Sergeant Bamiji Aderoju was a soldier in the service of the Respondent, the Nigerian Army. In July 1995, while serving in the 2nd Mechanized Division Ibadan, the appellant was moved to Liberia as part of the Nigerian military contingent in the ECOWAS Monitoring Group (ECOMOG). While in Liberia, he was deployed as a clerk in charge of distribution of petroleum products. Sometime in 1996, the Appellant and others were alleged to be involved in illegal sale of petroleum Oil and lubricants (POL) products that was placed in their charge. The then Commander of the Nigerian Contingent of ECOMOG Brigadier General A. O. Mohammed convened a General Court Martial (GCM) to try the appellant and others allegedly involved in the illegal sale of POL products vide a convening order with Reference number NIGCON/ECOMOG/68/A of 4/11/96.
The Appellant was tried on a two count charge as follows:
(a) "CHARGE 1
(1) STATEME…