Pat Stevens/
The Supreme Court of Nigeria has affirmed the judgment that nullified the conviction and sentencing of former General Officer Commanding (GOC), 8 Division of the Nigerian Army, Maj.-Gen. Hakeem Oladapo Otiki, in a long-running military justice dispute linked to the alleged N100 million military funds theft.
In a unanimous decision delivered on Friday by a five-member panel, the apex court dismissed the Nigerian Army’s appeal in suit number SC/CR/96/2025, effectively upholding the decision that set aside the earlier conviction and sentence issued by a General Court Martial.
The ruling brings closure to a case that has moved through military and civilian judicial processes for several years, drawing attention because of the senior rank of the officer involved and the nature of the allegations.
The case stemmed from the alleged movement of N100 million in July 2019, funds reportedly meant for the purchase of furniture for renovated military quarters in Sokoto.
Maj.-Gen. Otiki, then GOC of the 8 Division, was subsequently arraigned before a General Court Martial over allegations relating to the handling of the funds and their disappearance during transit involving military personnel.
The circumstances surrounding the funds became a subject of investigation within the Nigerian Army following reports that soldiers assigned to transport the money by road from Sokoto to Abuja had deserted after the incident.
On June 16, 2020, the General Court Martial found Otiki guilty on multiple counts, including disobedience to service orders, theft of public property, diversion of operational funds, and related service offences.
He was dismissed from the Nigerian Army with “disgrace and dishonour,” reduced in rank from Major General to Brigadier General, and issued a severe reprimand.
The tribunal also ordered the recovery and return of funds considered unaccounted for.
The findings and sentence were later confirmed by the Army Council on November 24, 2020.
Dissatisfied with the outcome, Otiki challenged the decision at the Federal Court of Appeal in Abuja, raising issues relating to fair hearing, the composition of the court martial, and the evaluation of evidence.
His legal team maintained that he did not personally divert the funds and stated that he reported the incident and took steps to account for the financial shortfall.
The defence further argued that the projects tied to the funds had either been completed or were near completion at the time of the dispute.
In its judgment delivered on December 5, 2024, the court nullified the entire court martial proceedings, discharged and acquitted Otiki, restored him to his rank, and ordered the payment of his salaries, allowances and other entitlements.
The Nigerian Army subsequently approached the Supreme Court seeking to overturn the decision, but the apex court upheld the earlier ruling, affirming the nullification of the conviction and bringing final closure to the matter.
The Supreme Court did not reopen the factual dispute but confirmed the legal position already reached in the case.
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