AMINA ADAMU AUGIE, J.S.C. (Delivering the Leading Judgment): The Appellant, who was at the Nigerian Army School of Finance and Administration [NASFA], failed to join his unit from 21/2/2008 to 2/2/2010, and a General Court Martial [GCM] was convened by then Chief of Army Staff, Lt. General A. B. Dambazau, to try him for "desertion", contrary to Section 60(1)(a) of the Armed Forces Act.
At the trial, Respondent called eleven witnesses and tendered thirty-two Exhibits, while Appellant testified in his own defence and tendered fourteen Exhibits. The GCM delivered its Judgment on 9/8/2010, wherein it found the Appellant guilty as charged and recommended that he be dismissed from the Nigerian Army, and this was confirmed by the Appropriate Superior Authority.
Dissatisfied, the Appellant appealed to the Court of Appeal with a Notice of Appeal containing six Grounds of Appeal. Both sides formulated Issues for Determination in their Briefs of Argument; however, the Court of Appeal, upon conside…