The Supreme Court on Friday affirmed the judgment of the Court of Appeal nullifying the conviction and sentence imposed on former General Officer Commanding, 8 Division, Sokoto, Hakeem Otiki, by a General Court Martial.
In a unanimous judgment delivered by a five-member panel, the apex court dismissed the Nigerian Army’s appeal and upheld the appellate court’s decision discharging and acquitting the senior military officer.
The case originated from an incident in July 2019 when Otiki, then serving as GOC of the 8 Division in Sokoto, allegedly directed soldiers to transport N100m by road from Sokoto to Abuja for the purchase of furniture for renovated military quarters before the money reportedly went missing.
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Following the incident, the Nigerian Army arraigned him before a General Court Martial.
On June 16, 2020, the military tribunal convicted Otiki on all counts and sentenced him to dismissal from the Nigerian Army with disgrace and dishonour.
The tribunal also reduced his rank from Major General to Brigadier General and issued a severe reprimand against him.
The findings and sentence were subsequently confirmed by the Army Council on November 24, 2020.
Dissatisfied with the decision, Otiki approached the Court of Appeal, Abuja Division, in appeal number CA/ABJ/CR/54/2022.
During the appeal proceedings, his counsel, Israel Olorundare, argued that the senior officer neither stole the money nor concealed the incident.
The lawyer maintained that Otiki promptly reported the loss and personally refunded the missing funds.
The defence also argued that the projects tied to the released funds had either been completed or were nearing completion.
In its judgment delivered on December 5, 2024, the Court of Appeal allowed the appeal and nullified the entire proceedings and judgment of the General Court Martial.
The appellate court further discharged and acquitted Otiki, restored him to the rank of Major General, and ordered the payment of all his salaries, allowances and entitlements, including the refund of forfeited monies.
The Nigerian Army subsequently challenged the judgment before the Supreme Court in appeal number SC/CR/96/2025.
However, the apex court, in its judgment delivered on Friday, affirmed the decision of the Court of Appeal and resolved the matter in favour of Otiki.
