WALTER SAMUEL NKANU ONNOGHEN, J.S.C.: (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Holden at Ibadan in appeal No. CA/I/134/2002 delivered on the 13th day of December, 2006 in which the court allowed the appeal of the present respondents against the judgment of the General Court Marshal which found the respondents guilty and sentenced them to various terms of imprisonment. The lower court set aside the decision of the General Court Marshal and entered a verdict of not guilty, discharged and acquitted the respondents, resulting in the instant appeal.
The respondents were soldiers serving with the 322 Field Artillery Regiment, Benin City and were deployed to NNPC Depot, Benin City for security service. Sometime in 1995, the respondents were arraigned before a General Court Martial convened by Brigadier General Patrick Newton Aziza who acted as the General Officer commanding 2 Mechanized Division, charged with the offence of conduct pre…