Judgment
MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment) : This is an appeal against the judgment of the Court of Appeal, Abuja Division or Court below or lower Court, Coram: Emmanuel Akomaye Agim, Adamu Jauro JJCA (as they then were) and Stephen Jonah Adah, delivered on the 13th day of March, 2019, upholding the respondent’s appeal and setting aside the findings of the General Court martial delivered on the 11th October, 2012, which convicted the respondent of the offence of forgery, pursuant to Section 112(C) of the Armed Forces Act, Cap.
A20, LFN, 2004 and sentenced him to six months imprisonment.
FACTS RELEVANT TO THIS APPEAL The Respondent was arraigned before a General Court Martial convened by Major Gen. N.A. Nasamu and presided over by Brig. Gen. G. Lawal. He was charged with the offence of forgery contrary to Section 112(C) of the Armed Forces Act, Cap. A20, LFN, 2004.
The Respondent was alleged to have on or about the 28th of April, 2011 forged SD A1 Certificate, which he had been using as part of his qualifications in the service of the Nigerian Army.
During interrogation, Respondent told the team of investigators at the headquarters of SIB how he was nominated for a course at the Command and Staff College Jaji, Kaduna by his unit in 1999 but could not attend the course.
He then sought the assistance of one warrant officer Mathew Agba who promised to help him procure the SD A1 Certificate which was the Certificate he would have been issued had he attended the course. The said W.O. Mathew Aoba was not called as a witness for the defence as the appellant had told the HQ SIB that he could not trace him and did not know the whereabout of the said W.O. Mathew Agba.
The prosecution called one witness Warrant Officer Christopher Eke (PW1) who was part of the team of investigators that interrogated the Respondent at HQ SIB. He tendered in total 10 Exhibits, which were certified documents including the statement the appellant made to the HQ SIB team (Exhibit 10) and also the response from the Command and Staff College Jaji, Exhibit P 9-5 indicating that the Respondent was never enlisted for the course and could not have been issued the said Exhibit P7 that he purportedly obtained from the institution.
