The Court of Appeal Abuja Division has upturned a ten years jail sentence passed on Major Akeem Aderogba Oseni of the Nigerian Army by a General Court Martial on February 7th, 2020 .
Major Oseni had through his lawyer,Dr. Mike Ozekhome,SAN,appealed the decision of the General Court Martial in Abuja after the Army Council confirmed Oseni’s conviction on charge of manslaughter punishable under sections 105(a) of the Armed Forces Act, CAP A20, LFN, 2004.
In a unanimous judgment a three man panel of Justices of Court of Appeal led by Justice Stephen Adah held that the Nigerian Army did not prove the offence of manslaughter against Major Oseni.
The Court of Appeal further agreed with Ozekhome that Major Oseni was not found to have been reckless in the manner he handled L/cpl Benjamin Collins now deceased “on his superior’s instructions,which he merely carried out.”
Consequently, Major Akeem Aderogba Oseni (N/12127)was “discharged and acquitted of the charge of manslaughter. He was released unconditionally from Nigerian Correctional Centre, Kuje, Abuja on October 31,2022
Oseni has since reunited with his family, loved ones and associates, having been in prison custody since 9th February, 2020.
Major Oseni’s unfortunate story began when the law was wrongly applied after an incident that led to L/Cpl Collins dead.
Bank Ground:
“According to the Court records, Maj. Gen IM Obot (rtd), COS AHQ Garrison had on February 23rd,2017 summoned Major AKEEM ADEROGBA OSENI (N/12127) ( the Appellant),who was then the Acting CO AHQ GAR ST (Field Officer for the week), to his office.
“On getting there, he met Lt Col A Usman (N/10518), CO Admin Bn AHQ GAR,and Capt S. Aruwa , Ag OC AHQ Gar MP. The COS told him and other officers that the Ag OC MP, had just reported an attempted jail break by L/cpl Benjamin Collins (deceased).
“He ,therefore, directed Major Oseni (N/12127) and other officers to take out the soldier, drill and relocate him to a separate detention facility within the Cantonment.
“Aderogba and other officers in obedience to this lawful order, left his office, and jointly identified a new cell in the Admin cell blocks. Thereafter, the CO Admin Bn, instructed Ag OC MP to handover the soldier to him for drill.
“Aderogba told his CO Admin that he would frog- jump, forward-roll and counsel the soldier.The CO nodded his head in affirmation. Major Aderogba then went to the detention facility in company of two other officers (Maj OU Osawe (N/12004), and Capt S Amosu (N/13041), both of AHQ Gar.
“Then, the Ag OC MP, handed over the soldier to Aderogba; and he drove him to the training shed where 2Lt Dogary (N/16390) was waiting to drill him. Aderogba then handed the same order he had been given to drill the soldier, to his junior, 2Lt Dogary, while he sat there with Maj Osawe to supervise the drill.
“Within few minutes of the drilling, Major Oseni counselled the soldier, and invited the CO Admin,who also admonished the soldier and ordered his return to the earlier identified facility; and he immediately complied.
“Major Aderogba, during his routine checks as the field officer, was later informed that the deceased soldier had been struggling with his leg cuffs. On seeing his condition, he summoned the Ag OC MP, who was in charge of the detention facility, and they both drove the soldier to Defence HQ Medical Centre,where he was confirmed dead shortly after their arrival.
”Major Oseni was court-martialled by the military authorities along with Maj Osawe, Capt Amosu and 2Lt Dogary, on a lone count of manslaughter in Charge No AHQGAR/GI/300/47 between Major A.A Oseni & 3ors v. Nigerian Army, dated 9th August, 2018, in a General Court Martial,(GCM), which sat at Command Officers’ Mess, Asokoro, Abuja, coram: Brigadier General G.A Umelo(N/9052)– President and Major D.O Ehicheoya (N11502)- Judge Advocate.
“Judgement was delivered on 7th February, 2020, sentencing Major Aderogba to ten years imprisonment. The sentence was confirmed on 24th November, 2020, by the Army Council.
Capt Amosu,Aderogba’s co-accused was acquitted at the point of sentence on 7th February, 2020.The other two officers who were also jointly charged with him were discharged and acquitted during confirmation by the Army Council, on 24th November, 2020.
Dissatisfied with the said judgment/findings and the confirmation of his sentence by the confirming authority, Major Aderogba, briefed Chief Mike Ozekhome, SAN which led to the appeal.