ABUBAKAR ABDUL-KADIR JEGA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the General Court Martial presided over by Col. P.W. Forteta (Rtd.) and delivered on the 8th October, 1996.
The said General Court Martial on the 8th October, 1996 convicted the appellant of offences under sections 66(a) and 95 of the Armed Forces Decree No. 105 of 1993. On the first charge, he was sentenced to 2 years imprisonment while the second charge attracted 1 year. Both sentences were to run concurrently.
The appellant was on the 24th September, 1996, arraigned before the General Court Martial presided over by Col. P.W. Forteta (Rtd.) on two count charges to wit.
(a) Offences in relation to public/service property punishable under section 66(a) of the Armed Forces Decree No. 105 of 1993 in that he at Lagos between 01 April or 30 April, 1996 fraudulently misapplied flag staff house telephone No. 2633116 in receiving personal fax messages from Israel.
(b) Attempt to c…