UWAIFO, JSC (Delivering the Lead Judgment): When this case came on for hearing on 29 April, 2004, this court was initially faced with two appeals. One is the appeal filed by the State against the judgment of the Court of Appeal, Lagos Division, given on 22 June, 2000 allowing the appeal and discharging and acquitting the present respondent, Sqn. Ldr. O. T. Onyeukwu, on all the seven counts upon which he had been convicted by the General Court Martial (the GCM) together with the order for restitution as confirmed by the confirming authority. The other was the cross-appeal by the said Sqn. Ldr.
In the course of argument, the cross-appeal was abandoned and withdrawn by Alhaji Adetola-Kaseem SAN. He conceded that there was no grievance expressed by the cross-appellant against the judgment of the court below on which to base the cross-appeal. The cross-appeal was accordingly dismissed. In regard to the appeal, the State, as the appellant, raised six issues for determination as follows:
“(…