TABAI JSC (Delivering the Lead Judgment): This is an appeal against the judgment of the Kaduna Division of the Court of Appeal on 25 April 2005. That judgment itself was sequel to an appeal against the earlier judgment of the General Court Martial on 28 July 1998 and 4August 1998. The substance of the undisputed facts of this case are as follows: The respondent, a major in the Nigerian Army (appellant), was sometime in January1996, on military assignment in the Economic Community of West Africa’s Monitoring Group (ECOMOG) in Liberia. While he was away, his residence at No. 8 MOQ, Chindit Barracks, Zaria was reportedly burgled. Following a report of the alleged burglary by the respondent’s wife, Captain A.I.D. Damagun (PW1) and Army Warrant Officers Hamidu Sajo (PW2) were detailed to visit the respondent’s residence to ascertain what happened.
In the course of their visit, the following controlled items of the Nigerian Army were recovered in the residence: forty live rounds of 7.62mm …