The Respondent, a major in the Nigerian Army (Appellant), was sometime in January, 1996, on military assignment in the Economic Community of West Africa's Monitoring Group (ECOMOG) in Liberia. While he was away his residence at No.8 MOQ Chindit Barracks Zaria was reportedly burgled. Following a report of the alleged burglary by the Respondent's wife, Captain A.I.D. Damagun (PW.1) and Army Warrant Officers Hamidu Sajo (PW.2) were detailed to visit the Respondent's residence to ascertain what happened.

In the course of their visit, the following controlled items of the Nigerian Army were recovered in the residence:

40 live rounds of 7.62mm Ammo, 32 pieces of thunder flashes and 14 pieces of hand flare yellow pyrotechnics. He was informed of the discovery of these items and was directed to return to Nigeria. On his return, he was arraigned before the General Court Martial on a two count charge as follows: