JOHN AFOLABI FABIYI, JSC (Delivering the leading judgment): This is an appeal against the Ruling of the Court of Appeal, Abuja Division (the court below) delivered on the 9th day of February, 2010 in Appeal No.CA/66/M/09. Therein the court below granted extension of time within which to apply for leave to the respondent to appeal against the decision of the trial General Court Martial ('GCM' for short) presided over by Col. O. O. Okoro (N/7710) at DHQ Joint Officers Mess Mogadishu Cantonment Asokoro, Abuja delivered on 20/12/07 after overruling preliminary objection on two grounds strenuously urged on behalf of the appellant.
The relevant facts of the matter leading to this appeal are not in serious contention. The respondent was convicted by the G.C.M presided over by Col. O. O. Okoro (N/7710) on 20112/07 along with one Warrant Officer Peter Weibey for conspiracy. The verdict of the G.C.M was confirmed on 9/8/2008 and same was published on 13/8/2008. The respondent instructed his sol…