In February 2017, Major Akeem Aderogba Oseni, then the Acting Commanding Officer of the AHQ Garrison Supply & Transport, was involved in a disciplinary incident leading to the death of Lance Corporal Benjamin Collins. Collins had been accused of attempting a jailbreak and was subjected to a drill by Oseni and other officers, including Major O. Osawe, Captain S. Amosu, and Lieutenant Dogary. After the drill, Collins was found struggling with his leg cuffs and was transported to the Defence Headquarters Medical Centre, where he was pronounced dead shortly after arrival.
Court Martial and Conviction
Following the incident, a General Court Martial (GCM) was convened, and Major Oseni was convicted of manslaughter on February 7, 2020, and sentenced to ten years in prison. His co-accused, Captain Amosu, was acquitted at sentencing, while Major Osawe and Lieutenant Dogary were discharged and acquitted by the Army Council on November 24, 2020.
Appeal and Acquittal
Dissatisfied with his conviction, Major Oseni appealed the ruling. On October 31, 2022, the Court of Appeal in Abuja discharged and acquitted him, stating that the Nigerian Army did not prove the offence of manslaughter against him. The court questioned why Major Oseni was convicted alone when his co-accused had been discharged and acquitted, highlighting inconsistencies in the proceedings.
Supreme Court Appeal and Dismissal
The Nigerian Army challenged the Court of Appeal’s decision at the Supreme Court, seeking to reinstate Major Oseni’s conviction. However, the Army failed to compile and transmit the necessary records for the appeal. On October 9, 2023, the Supreme Court dismissed the appeal due to these procedural lapses, with Justice Uwani Aji stating, “Application filed on 9/10/2023 for an order dismissing this appeal for failure to compile and transmit record of appeal is hereby granted as prayed.”
Subsequent Legal Actions
In November 2024, a Federal High Court in Abuja ordered the Nigerian Army and First City Monument Bank to pay Major Oseni N416 million in damages for wrongful conviction, denial of access to funds, and other violations. The court found that the Army had acted arbitrarily by instructing the bank to freeze Oseni’s account without a valid court order, violating his constitutional rights.
Conclusion
The Supreme Court’s dismissal of the Nigerian Army’s appeal and the subsequent court ruling ordering compensation underscore the importance of due process and the protection of individual rights within military proceedings. Major Oseni’s case highlights the need for transparency and adherence to legal standards in the handling of military disciplinary actions.
