NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): The Appellant who was arraigned before a Court Marshal in company of two accused persons were tried, convicted and sentenced to two years imprisonment without option of fine in accordance with the provisions of the Armed Force Decree 1993. This was on the 26th of May 1998.
He served his term of imprisonment and upon completion of same, he filed an appeal against his conviction and sentence in the year 2000. Same was struck out on grounds of incompetency on the 31st of July 2008.
On the 31st of May 2011, he applied for extension of time within which to file Notice of Appeal. This Honourable Court granted the prayer and the Appellant was ordered to file his Notice of Appeal within 7 days from the 31st of May 2011.
On the 6th of June 2011, the Appellant filed its Notice of Appeal encapsulating 12 (twelve) grounds of appeal.
FACTUAL SITUATION
On the 27th of October 1997, a General Court Martial was composed by the orders of the Com…