GALADIMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Military Court Martial, Head- quarters, Lagos Garrison Command, covened by Major-General P.M. Aziza (now retired), Commander of the Garrison.
The two counts charge against the appellant were stated in the charge sheet thus:
"1. Aiding/abetting, impersonation punishable under section 98 of the AFD No. 105 of 1993 (as amended).
2. Extortion punishable under section 108 of the AFD No. 105 of 1993(as amended).
The prosecution called three witnesses while the appellant gave evidence in his defence and also called a witness. At the conclusion of the trial the Military Court Martial found that the prosecution had proved its case against the appellant in the first count and accordingly sentenced him to two years imprisonment. He was however, discharged and acquitted on the second count.
Dissatisfied with this decision, the appellant, with the leave of this court appealed and filed a notice of appeal c…