Supreme Court affirms acquittal of GOC on fraud charge

The Supreme Court on Friday affirmed the decision of the Court of Appeal on the case of a former General Officer Commanding (GOC) 8 Division of the Nigerian Army, Sokoto, Gen. Hakeem Oki.

The apex court  affirmed the decision of the appellate court in a unanimous judgement by a 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).

The appellant was 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 the GCM in Charge No. NA/COAS/G1/39 on a five-count charge of stealing, disobedience to service orders, and related military offences.

On June 16, 2020, the GCM convicted the army officer on all counts and dismissed him from service with disgrace and dishonour, reduction in rank from Maj.-Gen. to Brig.-Gen., and severe reprimand.

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), filed an appeal at the Court of Appeal, Abuja Division, in suit number CA/ABJ/CR/54/2022.

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In the judgment delivered on the December 5, 2024, the appeal court 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.

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