The Supreme Court on Friday affirmed the decision of the Court of Appeal in favour of General Hakeem Otiki, a 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 sentencing and conviction of Otiki by a 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 convicted him on all counts and dismissed him from the Nigerian Army with disgrace and dishonour, reduction in rank from Major General to Brigadier General, and severe reprimand.
The findings and sentencing 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 December 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 Major General and ordered payment of all his salaries, allowances, entitlements, and refund of forfeited monies.
The Court of Appeal 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, Lieutenant General 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.
