YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the conviction and sentence handed down to the Appellant by the General Court Martial sitting in Ibadan and convened to try the Appellant on a two count charge thus:
a. COUNT ONE:
Conspiracy to steal contrary to S. 518(b) of the Criminal Code and punishable under S. 114(1) AFD1993.
Particulars of the offence:
In that you at Ibadan on or about 312100 Oct 97 at COD MT and TECH conspired with your subordinate soldiers to steal quantity 264 metal panels and quantity 12 wires from shed 6.
b. COUNT TWO:
Offence in relation to service property punishable under S. 66(a) AFD 1993.
Particulars of the Offence:
In that you at Ibadan on or about 3121004 Oct 97 at COD MT and TECH connived with your subordinates soldiers to steal quantity 264 metal panels and quantity 12 wires from shed 6.
The brief facts are that the Appellant a commissioned officer of the Nigerian Army with the rank of Captain was the Administrativ…