ALAGOA JCA (Delivering the Lead Judgment): This is an appeal against the judgment of the General Court Martial held at 1 Divisional Officers’ Mess Kaduna which was delivered on the 4th August, 1998 and confirmed by the Nigerian Army Council Abuja on the 14th day of December 2000.
The facts leading to this appeal as can be gleaned from the record of proceedings of the General Court Martial as well as the briefs of the appellant and the respondent are as follows:
Sometime in 1996 while the appellant was away on an ECOMOG assignment in Liberia, his residence was burgled. Appellant’s wife then lodged a complaint of the burglary with the Commandant of the Nigerian Military School, Zaria, and in the course of investigation some consignment of ammunition was discovered in the said residence which accordingly to the respondent were controlled. Appellant was officially informed by letter of this discovery and while not denying that these ammunition were indeed found in his house claimed oversi…