The Supreme Court affirmed GOC’s acquittal on fraud charges

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

The top court upheld the appeals court decision in a unanimous decision by a five-member panel of judges.

Justice Baba Idris, who delivered the main judgment, upheld the appeal court ruling that set aside Otiki’s conviction and sentence by the General Court Military (GCM).

The applicant was tried in a military court over the movement of N100 million on July 11, 2019.

The money was intended to purchase furniture for a renovated military base, and was reportedly stolen by soldiers tasked with transporting the money.

Following an investigation initiated by the Nigerian Army, Otiki was arraigned before the GCM with Officer No. NA/COAS/G1/39 on five counts of theft, disobedience to service orders, and related military offenses.

On June 16, 2020, the GCM convicted the military officer on all counts and dismissed him from service with disgrace and dishonor, as well as demotion from Major General. to Brigadier General, and a strong reprimand.

These findings and sentences were then confirmed by the Army Council on November 24, 2020.

Dissatisfied with the GCM’s decision, Otiki through his attorney Okechukwu Ajunwa (SAN) filed an appeal at the Abuja Division of the Court of Appeal with suit number CA/ABJ/CR/54/2022.

READ ALSO: Warri Ijaw protesters storm INEC headquarters, demanding enforcement of Supreme Court demarcation order

In a decision handed down on December 5, 2024, the appeals court annulled the entire trial process and GCM verdict, acquitting and acquitting Otiki.

The appeals court also restored him to the rank of Major General. and order the payment of all forfeited wages, allowances, entitlements and refunds.

The appellate court held that the GCM was improperly constituted as some of its members were senior in terms of seniority to the appellant and was contrary to Section 133(3)(b) of the Armed Forces Act.

The court also stated that the applicant’s constitutional right to a fair hearing had been violated because the then Chief of Army Staff, Lt. Gen. Tukur Buratai, who initiated the investigation, convened a Military Court, appointed its members, signed the indictment, and then confirmed the convictions and sentences.