The appellant the Chief of Staff and Nigeria Contingent Commander ECOMOG in Liberia and a Brigadier General in the Nigerian Army was arraigned along with seven other officers before General Court Martial. He was charged on two counts viz:

On his return to Nigeria from ECOMOG in Liberia, the appellant was posted to Headquarters Lagos Garrison Command, Nigerian Army. He was tried for the offences enumerated above, by a General Court Martial convened by the Chief of Army Staff, Nigerian Army Lagos by a convening order dated 22nd September, 1996 made pursuant to powers conferred upon him in that regard by the Armed Forces Decree No. 105 of 1993 (as amended). The appellant with seven other military officers were charged together with the offence contained in the first charge i.e. causing to be shipped to Nigeria a motorcar each in contravention of Army Headquarters (AHQ) order, which forbids such importation. The appellant together with seven military officers underwent a joint trial on the first charge. The appellant alone was tried for the second charge i.e. that he (appellant) gave the sum of $300.00 USD in travelers cheque to one Lt Col. H. I Alli, the Commanding Officer of Special Investigation Bureau (SIB) knowing fully well that the SIB was investigating a case concerning illegal importation of motorcars and sundry contraband goods in which he was involved. The prosecution called evidence in proof of their case against the appellant and the other seven military officers. At the close of evidence and case for prosecution the defense submitted written addresses. The Judge Advocate made his summing up address. In a reserved judgment delivered on 24th September, 1996 the General Court Martial found the appellant guilty on the two charges and consequently convicted and sentenced him to one year imprisonment in respect of each of the charges. The sentences were to run concurrently. Six other military officers except one who were established to have brought cars to Nigeria from Liberia and who faced similar charge as in charge one against the appellant were discharged and acquitted. The other officer had his case referred for further investigation. The convictions and sentences were confirmed by the confirming authority. Being dissatisfied with the conviction and sentence the appellant sought and obtained leave to appeal to the Armed Forces Disciplinary Appeal Committee, now defunct.

On the 16th of May 1997, the AFDAC in a reserved judgment affirmed the findings and sentence of the General Court Martial in the first charge but upheld the submissions of the appellant on count No. 2 and consequently discharged and acquitted him on that charge. It is against this judgment that the appellant filed a notice of appeal, which was subsequently amended.