D. MUSDAPHER, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Lagos Division, wherein the Court of Appeal set aside the decision of the General Court Martial (hereinafter referred to simply as GCM) whereby the respondent, Squadron Leader M. O. Kamaldeen was arraigned before the GCM on an 11 count charge. He was tried along with eight other Air Force Officers and was found guilty on 10 of the 11 counts of the aforesaid charge. He was sentenced to a total of 35 years imprisonment. There was also an order to pay N2,375,000.00 to the Nigerian Air Force as compensation.
Dissatisfied with his conviction and sentences, the respondent who was the 5th accused before the GCM, appealed to the Court of Appeal. After its considerations of all the issues raised for the determination of the appeal, the Court of Appeal set aside the decision of the GCM and proceeded to discharge and acquit the respondent on all the counts preferred against him…