The Supreme Court has affirmed the acquittal of former General Officer Commanding (GOC), 8 Division of the Nigerian Army, Major General Hakeem Oladapo Otiki (retd).
The verdict brought to a close a six-year legal battle over the alleged disappearance of N100 million in military operational funds.
In a unanimous judgment delivered by a five-member panel, the apex court upheld the December 2024 decision of the Court of Appeal, which voided the conviction of the retired senior officer by a General Court Martial (GCM).
The court dismissed the Nigerian Army’s appeal and sustained Otiki’s discharge and acquittal, effectively clearing him of all allegations linked to the missing funds.
Otiki had been convicted in 2020 by a military tribunal over the disappearance of N100 million allegedly stolen by soldiers detailed to transport the cash from Sokoto to Kaduna in July 2019.
Following the conviction, the tribunal ordered his dismissal from service, a reduction in rank from Major General to Brigadier General, and a severe reprimand. The sanctions were later ratified by the Army Council.
The retired officer, however, consistently denied wrongdoing, maintaining that he neither stole nor concealed the money. He argued that he promptly reported the incident to military authorities and refunded the missing funds.
The Court of Appeal subsequently nullified the entire proceedings of the General Court Martial, restored his rank and ordered the payment of his entitlements.
Dissatisfied with the ruling, the Nigerian Army approached the Supreme Court, which on Friday affirmed the appellate court’s judgment.
The verdict has revived discussions within military and legal circles over the circumstances surrounding Otiki’s prosecution, amid claims that the case may have been influenced by political interests linked to the 2019 Sokoto governorship election.
Otiki was appointed GOC of 8 Division, Sokoto, on March 16, 2019, shortly after the March 9 governorship election in the state was declared inconclusive because of the narrow margin between Governor Aminu Waziri Tambuwal of the Peoples Democratic Party (PDP) and the All Progressives Congress (APC) candidate, Ahmad Aliyu.
On assumption of office, the senior officer reportedly warned soldiers against unlawful involvement in the rerun election and insisted that military personnel could only participate in election duties with approval from Army Headquarters.
During a “Show of Force” operation ahead of the supplementary poll, he also urged residents to come out peacefully to exercise their civic rights.
Following the March 23, 2019 rerun, the Independent National Electoral Commission (INEC) declared Tambuwal the winner with 512,002 votes against Aliyu’s 511,660 votes, a margin of 342 votes that heightened political tension within Sokoto and Abuja.
At the time, there were allegations that some political interests expected the newly deployed GOC to influence the outcome of the election.
A source had claimed that Otiki’s refusal to compromise military neutrality allegedly triggered moves to remove him.
“Though his deployment was purely for military operations, some politicians saw it as a strategic move to facilitate the outcome of the election in the state. That is why his travails were orchestrated by some powerful politicians who wanted him removed over his refusal to play ball,” the source alleged.
Questions were also raised over the severity of the punishment imposed on the General, especially given his previously unblemished military career spanning more than three decades.
Otiki, who was promoted Major General in December 2016, held several strategic military positions, including Commander of the Infantry Corps in Jaji, Aide-de-Camp to the Chief of General Staff during the late General Sani Abacha regime and Defence Attaché.
He was credited with coordinating the rotation of over 3,500 overstayed troops from the North-East while serving as Commander of the Infantry Corps.
Military operations such as Operation Sharan Daji and Operation Harbin Kunama III were also said to have recorded successes under his leadership as GOC 8 Division.
Even the President of the General Court Martial, Lieutenant General Lamidi Adeosun, reportedly acknowledged Otiki’s record before delivering judgment against him.
“Many will be praying to have such an unblemished career and record of military service in the country like the accused senior army officer,” Adeosun reportedly said during the proceedings.
Similarly, Major General GAT Ochigbano, who testified as Military Secretary, Army, reportedly confirmed under oath that Otiki had no prior regimental offence throughout his career.
Otiki’s lead counsel, Israel Olorundare (SAN), had pleaded for leniency during the trial, informing the tribunal that the General had refunded the N100 million and that projects linked to the operational funds had either been completed or were nearing completion.
The soldiers accused of absconding with the money were identified as Corporal Gabriel Oluwaniyi, Corporal Mohammed Aminu, Corporal Haruna, Oluji Joshua and Hayatudeen.
One of the soldiers, Lance Corporal Isah, reportedly returned N15 million and $6,600 voluntarily to military authorities.
However, questions persisted over whether the fleeing soldiers were fully prosecuted and whether justice had been fairly administered in the case against the retired General.
The General Court Martial that tried Otiki was headed by Lieutenant General Lamidi Adeosun as President, alongside Major General A. Tarfa, Major General F.O. Agbugor, Major General F.A. Nadu, Major General N. Mohammed, Major General C.T. Olukotu and Major General C.C. Okonkwo. Major A. Mohammed served as Judge Advocate, while Captain A. Ibrahim acted as Liaison Officer.
With the Supreme Court judgment now affirming his acquittal, observers say the ruling has restored the retired officer’s reputation while renewing debate over alleged political influence in military justice administration.
