S. U. ONU, JSC (Delivering the Leading Judgment): This appeal concern in the main, the interpretation of how and when a General Court Martial (GCM for short), is constituted in the trial of criminal offences under the Armed Forces Decree No. 105 of 1993 (as amended) vis-a-vis the trial of and concerning members of the Armed Forces for criminal offences under our criminal law and the concomitant jurisdiction, and competence thereof.
It emanates from the Court of Appeal, Lagos Division and is sequel to the trial of the respondent who was 1st accused and one of nine pay officers who held financial appointment at the headquarters of the Pay and Accounting Group (PAG for short) and Directorate of Finance and Accounts (DFA) of the Nigerian Air Force (NAF). In a joint trial which was commenced on 26th July, 1996 by the GCM aforementioned convened pursuant to a convening order signed by one Air Commodore F. O. Ajobena, a Director of Personnel (DOP) who purported to act on behalf of the Chief …