HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgment): The instant appeal is against the decision of the General Court Marshall, eastern Naval Command Calabar, sitting as a court of first instance, which decision was delivered on the 1st day of September, 2014. By the said decision, appellant was convicted and sentenced to life imprisonment for manslaughter, and 2 years imprisonment for fighting and disorderly behaviour respectively.
History of the case.
The appellant prior to his conviction by the General Court Marshall on the 1/9/2014, was a serving naval personnel with the NNS Victory, Calabar, Cross River State, and subject to military law. Based on facts contained in the circumstantial letter forwarded by the Naval Command to the General Court Marshall, which facts appear to be that:
“Following the allegation of Murder on Mr. Sunday Agida a serving Policeman against the Accused person, investigations were carried out and the following facts were established against him:
a. POBD Ud…