This is an application by the appellant dated and filed on 31/12/99; for an order admitting him to bail pending the determination of the appeal against the judgment of the General Court Martial, NNS Olokun, delivered on 1st September, 1995.

The application is supported by an affidavit of 35 paragraphs. The respondents although served with the motion papers they did not file any counter affidavit. Briefly the facts of this case is that, the appellant, a Lt Commander with the Nigerian Navy was convicted and sentenced by a General Court Martial NNS Olokun to 19 years imprisonment. He was arrested as the second in command on 21/2/95 aboard the Naval Warship NNS AMBE which was Ferrying ECOMOG soldiers and equipment to Liberia, for an offence related to possession of Indian Hemp. Despite the provisions of Sections 149 and 17(2) of the Armed Forces Decree 1993 which mandated the 2nd respondent to produce and give the applicant a copy of the record of proceedings of the trial of the appellant, within 3 months of the delivery of the judgment, till date, he has not been given a copy of the record of proceedings by the 1st and 2nd respondents. His appeal against conviction and sentence before the Appeal Committee under the Armed Forces Disciplinary Appeal Committee was frustrated due to lack of the record of proceedings.

Consequently the appellant commenced legal action in Suit No. FHC/L/1136/98 by way of an application to quash the judgment of the 2nd respondent. The court declined jurisdiction to entertain the application for certiorari. The refusal of the 2nd respondents to release the judgment and/or records of proceedings has been given as the reasons for inability on the part of the appellant to exhibit same to this application. On 8/11/99 this court granted the appellant extension of time within which he may appeal.

He applied for an order admitting him to bail pending the determination of his appeal.