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The Supreme Court on Friday cleared a former General Officer Commanding (GOC) 8 Division of the Nigerian Army, Hakeem Otiki, six years after he was demoted and dismissed over the disappearance of N100 million belonging to the military.
In a unanimous judgement delivered by a five-member panel, the Supreme Court upheld an earlier decision of the Court of Appeal which nullified Mr Otiki’s conviction by a General Court Martial convened by the Nigerian Army.
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The judgement effectively ended the prolonged legal battle between the retired major general and the Nigerian Army over the controversial trial that followed the disappearance of the money in July 2019.
Mr Otiki was convicted in 2020 after soldiers attached to the military allegedly absconded with N100 million being transported from Sokoto to Kaduna.
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Following the court martial’s decision, the military tribunal ordered his dismissal from service, reduced his rank from major general to brigadier general and issued a severe reprimand. The sanctions were later ratified by the Army Council.
But the retired officer consistently denied wrongdoing, insisting that he neither stole the money nor concealed the incident from military authorities. He reportedly refunded the missing funds while maintaining his innocence.
In December 2024, the Court of Appeal voided the proceedings of the General Court Martial, restored his rank and ordered the payment of his entitlements.
The Nigerian Army subsequently challenged the ruling at the Supreme Court, but the apex court on Friday affirmed the appellate court’s judgement.
Controversy over trial
Mr Otiki’s conviction had generated controversy within military and legal circles, with some serving and retired officers questioning the severity of the punishment imposed on him.
A July 2020 report by The Nation newspaper said some military officers believed the former GOC was punished largely because he was regarded as the chief accounting officer of the division under the Manual of Financial Administration for the Armed Forces of Nigeria (MAFA) 2017.
The report also said the controversy surrounding the case deepened after initial claims that N400 million was stolen were later clarified by military authorities to be N100 million.
Some officers quoted in the report reportedly argued that Mr Otiki was not directly linked to the theft but was held responsible because the missing funds were deemed to still be under his custody as GOC of the division.
At the time, lawyers to the retired general said he was awaiting the final decision of the Army Council before deciding on further legal steps.
Alleged political undercurrents
The case also drew political attention because of the timing of Mr Otiki’s deployment to Sokoto.
He was appointed GOC 8 Division on 16 March 2019, shortly after the Sokoto governorship election was declared inconclusive.
At the supplementary election held on 23 March 2019, former Governor Aminu Tambuwal of the Peoples Democratic Party (PDP) defeated the All Progressives Congress (APC) candidate, Ahmad Aliyu, by 342 votes.
Reports at the time linked Mr Otiki’s ordeal to alleged political intrigues surrounding the rerun election, although the claims were never officially established.
Some military and political sources had alleged that the senior officer resisted attempts to compromise the military’s neutrality during the supplementary poll.
According to the claims, he directed military personnel not to participate in election duties without clearance from Army Headquarters and encouraged residents to participate peacefully in the election.
One source quoted in earlier reports alleged that “some powerful politicians” moved against the officer after he refused to “play ball.”
Service record
Mr Otiki, who was promoted to major general in December 2016, held several strategic positions during his military career spanning more than three decades.
He served as Commander of the Infantry Corps in Jaji, Defence Attaché and Aide-de-Camp to the Chief of General Staff during the late General Sani Abacha regime.
He was also credited with coordinating the rotation of more than 3,500 troops from the North-east while serving as Commander of the Infantry Corps.
Military operations, including Operation Sharan Daji and Operation Harbin Kunama III, were reportedly carried out under his leadership as GOC 8 Division.
During the court martial proceedings, the president of the tribunal, Lamidi Adeosun, a retired lieutenant general, acknowledged the officer’s service record before delivering judgement.
“Many will be praying to have such an unblemished career and record of military service in the country like the accused senior army officer,” Mr Adeosun reportedly said.
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The soldiers accused of absconding with the funds were identified as Gabriel Oluwaniyi, Mohammed Aminu, Haruna, Oluji Joshua and Hayatudeen, who were corporals.
One of them, Lance Corporal Isah, was later reported to have returned N15 million and $6,600 to military authorities.
The ruling also effectively restores Mr Otiki’s military record after years of legal and institutional battles over one of the Nigerian Army’s most controversial court martial proceedings in recent years.
