BODE RHODES-VIVOUR, J.S.C. (Delivering the Leading Judgment): On the 27th day of January, 2006 the appellant, a lieutenant in the Nigerian Navy was arraigned on an amended three count charge before a General Court Martial. The three count amended charge read:
COUNT ONE
STATEMENT OF OFFENCE
Murder contrary to section 106 of the Armed Forces Act, Cap. A. 20 Laws of the Federation of Nigeria, 2004.
PARTICULARS OF OFFENCE
That you Lt. F.O. Odunlami NN/2121, on or about the 25th day of July, 2005 at Alausa, Ikeja, Lagos within the jurisdiction of this Court Martial, shot and killed one Peter Edeh (deceased) with a service pistol without any justification or excuse and in a manner intended to cause death or grievous bodily harm committed an offence.
COUNT TWO
STATEMENT OF OFFENCE
Loss of service property contrary to section 68 (1) (a) of the Armed Forces Act Cap A20 Laws of the Federation of Nigeria, 2004.
PARTICULARS OF OFFENCE
That you Lt. F.O. Odunlami NN/2121, on or about the 25th day o…