ONNOGHEN JSC (DELIVERING THE LEADING JUDGMENT): This appeal is against the decision of the Court of Appeal, holden at Lagos in appeal No. CA/L/364/2004 delivered on 13 May 2008 in which the court dismissed the appeal of the appellants for want of diligent prosecution. The respondent was a serving officer in the Nigerian Navy of the rank of captain. Sometime in 2001, he was indicted and charged before a general court martial and tried and convicted for the offence of:
(a) disobedience of orders contrary to section 57 of the Armed Forces Decree No. 105 of 1993;
(b) conduct prejudicial to good order and service discipline contrary to section 103(1) of the Armed Forces Decree No. 105 of 1993;
(c) scandalous conduct contrary to section 91 of the Armed Forces Decree No. 105 of 1993, all as amended.
He was sentenced accordingly which sentence was duly confirmed by the appropriate authority as a result of which respondent applied to the Federal High Court for judicial review by way of a decl…