UWANI MUSA ABBA AJI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Nigerian Army, 1 Mechanized Division General Court Martial sitting at 1 Division Headquarters Officers Mess, Kanta Road, Kaduna, presided over by Col. M.E. Odion (N/8437) as President, Col. J.O. Obasa (N/9025), Col. A. Garba (N/9496), Col. A.A. Bamgbose (N/9453), Lt. Col. B. Garke (N/9478), Lt. Col. S.I. Abdullahi (N/9854) and Lt. Col. R.B. Akindeyoje (N/9653); as members, and Capt. A. Mohammed (N/12687) as the Judge Advocate, delivered on 12/6/2013, wherein the Appellant with 5 others pursuant to Section 62(b) of the Armed Forces Act, 2004, was convicted and sentenced to 2 years imprisonment and reduced to 18 Months by the confirming authority.
The lone charge against the Appellant in Charge NA Form B252, dated 31/7/2012 at pages 4-5 of the records reads as follows:
STATEMENT OF OFFENCE: Failure to perform Military duty contrary to Section 62(b) of the Armed Forces Act CAP A20 L…