The Respondent, Lt. Commander S.A. Ibe Lambert was an officer in the Nigerian Navy. She was arraigned before a General Court Martial (hereinafter referred to as the trial tribunal) on 9-07-97 on a five count charge. At the conclusion of trial, she was discharged and acquitted on four of the five counts but found guilty on the 3rd count which reads:

''Disobedience to correct standing orders contrary to Section 57 (1) of the Armed Forces Decree No. 103 of 1993 as amended."

Dissatisfied with her conviction. She appealed before the Court of Appeal, Lagos (hereinafter referred to as the Court below). The Court below on 6-12-2005 allowed her appeal and the Respondent was discharged and acquitted. The Appellants have come on a final appeal against the judgment of the Court below.