AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The Appellants were soldiers serving with 322 Filed Artillery Regiment, Benin City, and were deployed to the NNPC Depot, Benin City, for security services. At about 0800 hours on the 25th of August 1995, one L/Cpl Macaulay Ezekiel, who was also posted to the Depot, threatened to "fire" Lt. Eze S. Ibelegbu if the Officer did not return the jerry can of kerosene seized from him. At about 1300 hours of that same day, the said L/Cpl Macaulay actually carried out his threat and shot and killed the said Officer who was their overall commander. The Appellants who were allegedly aware of L/Cpl Macaulay's intention did nothing to prevent the commission of the offence and on the 4th of September 1995, they were arraigned before a General Court Martial, convened by Brigadier General Patrick Newton Aziza, General Officer Commanding 2 Mechanized Division, Nigerian Army and charged as follows-
"Statement of Offence - Conduct to the Preju…