The Supreme Court on Friday affirmed the decision of the Court of Appeal in favour of Major General Hakeem Oladapo Otiki, former General Officer Commanding (GOC) 8 Division of the Nigerian Army, Sokoto.
The apex court affirmed the decision of the appellate court in a unanimous decision by the five-member panel of justices.Justice Baba Idris who delivered the lead judgment affirmed the judgment of the court of appeal which set aside the sentence and conviction of Otiki by the General Court Martial (GCM).
Otiki, former GOC 8 Division, Sokoto, was accused and court martialled over the movement of N100 million on July 11, 2019.
The money was meant for the purchase of furniture for renovated military quarters, and was reported stolen by soldiers assigned to transport the money.
Following investigations initiated by the Nigerian Army, Otiki was arraigned before a General Court Martial (GCM) in Charge No. NA/COAS/G1/39 on five counts relating to stealing, disobedience to service orders, and related military offences.
On June 16, 2020, the GCM headed by then Chief of Policy and Plans, Army Headquarters, Lieutenant General Lamidi Adeosun found Otiki guilty, pronouncing the following punishments on him: dismissal from service with disgrace and dishonour, reduction in rank from Major General to Brig General and severe reprimand.
The Court also ordered that all monies totaling N135.8million, $6,600 recovered by the Special Investigation Bureau be returned to the coffers of the Nigerian Army.
It ordered that another N150million stolen money, which could not be accounted for, should also be returned to the coffers of the Nigerian Army.
The findings and sentence were subsequently confirmed by the Army Council on November 24, 2020.Dissatisfied with the decision of the GCM, Otiki, through his counsel Okechukwu Ajunwa, SAN appealed to the Court of Appeal, Abuja Division in suit number CA/ABJ/CR/54/2022.
In the judgment delivered on the Dec. 5, 2024, the court of appeal allowed the appeal, nullified the entire proceedings and judgment of the GCM, discharged and acquitted Otiki.
The appellate court also restored him to the rank of Maj.-Gen. and ordered payment of all his salaries, allowances, entitlements, and refund of forfeited monies.
The appeal court held that the GCM was improperly constituted because some members were junior in seniority to the appellant contrary to Section 133(3)(b) of the Armed Forces Act.
It also held that the appellant’s constitutional right to fair hearing was breached because the then Chief of Army Staff, Lt.-Gen. Tukur Buratai, initiated the investigation, convened the Court Martial, appointed its members, signed the charges, and later confirmed the conviction and sentence.
The court noted that the president of the GCM improperly participated in determining an objection challenging his own membership, thereby violating the principles of natural justice.
It also held that the appellant was denied adequate facilities to prepare his defence and that the Harmonised Terms and Conditions of Service (HTACOS) and Manual of Financial Administration for Armed Forces (MAFA) did not validly create criminal offences under Section 36(12) of the Constitution.
Not satisfied with the Judgment of the Court of Appeal, the Nigerian Army challenged the decision in the Supreme Court in suit number SC/CR/96/2025.The officer had lost his mother in July 2019 when the incident of alleged missing money occurred.
Major General Otiki was appointed General Officer Commanding 8 Division, Nigerian Army, Sokoto, the Division in March 2019 and Force Commander of Operation SHARAN DAJI and Operation Harbin Kunama III.
Before the appointment, he was the Commander Infantry Corps (CIC) in JajiIncidentally, President of the Court Martial and Chief of Training and Operations, Nigerian Army, General Adeosun and General Otiki are contemporaries in service. Otiki got into Nigerian Defence Academy, Kaduna on 10th January 1983 while General Adeosun got in on 4th July 1983.
Other members of the General Court Martial include Major Generals A. Tarfa, F.O Agbugor, F.A. Nadu, N. Mohammed, C.T. Olukotu and C.C. Okonkwo. (With reports from NAN)
