CaseLaw
The appellant, Colonel Mohammed, was charged in eight counts: one with an offence of extortion punishable under section 108 of the Armed Forces Decree of 1993 (“the Decree”); two with offences in relation to public and service property punishable under section 66(a) of the Decree; four with offences of conduct to the prejudice of service discipline punishable under section 103(1) of the Decree; and one with an offence of disobedience to particular orders punishable under Section 56(1) of the Decree. He pleaded not guilty to the charges. On July 17, 1996 issued by the General Officer Commanding 82 Division Nigerian Army (“the convening Officer”) pursuant to section 131(2) of the Decree, the appellant was convicted of extortion as charged in the first count, and of two offences in relation to public and service property as charged in the second and third counts, respectively. He was sentenced to five years imprisonment in respect of the first count, and two years imprisonment in respect of the second and their counts. Sentences were made to run concurrently. He was found not guilty of the offence charged in the rest of the counts and was accordingly discharged and acquitted. He appealed from his conviction to the Appeal Committee was dismissed by that body on May 16,1997. The present appeal is taken from the decision of the Appeal Committee.