SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the General Court Martial (GCM) presided over by commodore A.A. Sani Sele pursuant to the Armed Forces Act, CAP. A20 Laws of the Federation 2004 wherein the appellant was convicted on a two count charge of Absence without Leave from the Nigerian Navy and escape from lawful custody. He was accordingly sentenced to a term of two year imprisonment and dismissal from the Armed Forces (Nigerian Navy) respectively for the two offences.
The appellant commander Yakubu Dambo NN/0808 is a senior officer with the Nigerian Navy. His posting was as the (Staff Officer Ratings) Naval Headquarters, Abuja. While under investigation for alleged illegal production, distribution and sales of Batch 13 NNBTS forms at the Naval Headquarters, Abuja, he was invited by the Department of State Security Services, Abuja for an alleged involvement in a case of breach of National Security. The appellant was s…