AUGIE, J.C.A. (Delivering the Leading Judgment): The appellants and two other soldiers serving with the 2 Mechanized Division of the Nigerian Army, Ibadan, were arraigned before the General Court Martial convened by Maj-Gen F. A. Mujakperuo on a two count charge of conspiracy to steal and the stealing of service property consisting of 264 metal panels and 12 wires. They were alleged to have stolen the said items from shed 6 "at Ibadan on or about 312100A Oct 97 while on guard duty at COD MT and Tech".
They pleaded not guilty to the charge and the prosecution called three witnesses to prove its case. PW1 is Pte Umaru Isah who testified that on the night in question 5 civilians came to their duty post with torchlight and the 3rd appellant who is his Guard Commander went up to talk to them. The 1st, 2nd and 3rd appellants asked the civilians to go inside the Guardroom. The 2nd appellant later took the civilians to shed 6, which he had opened. After about ten minutes, the civilians went b…