Court releases and acquits Major convicted of manslaughter

The Abuja Court of Appeal released and acquitted Major Akeem Aderogba Oseni, who had previously been convicted of manslaughter following the death of a young colleague.

The historic appeal was filed and argued by Chief Mike Ozekhome, SAN, on Monday.

In a statement from Ozekhome made available to The PUNCH on Tuesday, Oseni had been sentenced to ten years in prison in a judgment dated February 7, 2020.

In February 2017, Oseni and three other officers – Major O. Osawu, Captain S Amosu and Lieutenant Dogary – were ordered to train a soldier, Lance Corporal Benjamin Collins, who attempted an escape .

A few minutes after the exercise, Oseni counseled the soldier and invited the co-administrator, who also reprimanded the soldier and ordered his return to the facility identified earlier; and he immediately complied.

Oseni, during his routine checks as a field officer, was later informed that the deceased soldier had struggled with his handcuffs.

Seeing his condition, he summoned the officer in charge of the detention center, and they both drove the soldier to the Defense HQ Medical Center, where he (Collins) was confirmed dead shortly after their arrival.

Major Oseni was court-martialed by military authorities along with Osawe, Amosu and Dogary, for a single count of manslaughter in charge No. AHQGAR/GI/300/47 between Major A.A Oseni and 3 more c. Nigerian Army, dated August 9, 2018, before a General Court Martial, sitting at the Command Officers' Mess, Asokoro, Abuja.

The judgment was delivered on February 7, 2020, sentencing Major Aderogba to ten years in prison. The sentence was confirmed on November 24, 2020 by the Army Council.

Capt Amosu, Aderogba's co-defendant was acquitted at the time of sentencing on February 7, 2020.

The two other officers who were also jointly charged with him were removed from their commands and acquitted upon confirmation by the Army Council on November 24, 2020.

Dissatisfied with the said judgment/findings and the confirmation of his sentence by the confirming authority, Major Oseni informed Ozekhome about it.

By Notice of Appeal dated January 28, 2021 and filed October 11, 2021, with leave of the Court of Appeal granted September 28, 2021, Ozekhome filed six grounds of appeal on behalf of Major Oseni.< /p >

Ozekhome argued the appeal on September 19, 2022 before the Court of Appeal, Abuja Division, in a three-man panel chaired by Hon. Justice Stephen Jonah Adah (presiding judge), the Hon. Judge Mohammed Mustapha and Hon. Judge Bature Isa Gafai (as members); where judgment was reserved.

The Court of Appeal, in a unanimous judgment delivered on Monday, October 31, 2022, acquitted and acquitted Major Akeem Aderogba Oseni (N/12127) of the charge of manslaughter punishable under Article 105 (a) Armed Forces Act, CAP A20, LFN, 2004.

The court accepted Ozekhome's argument that the Nigerian military failed to prove the offense of manslaughter against the Major.

The court further agreed with Ozekhome that Oseni was not found to be reckless in the manner in which he treated the deceased soldier on the instructions of his superior, which he simply carried out.

Based on the evidence before the lower court, which was not properly assessed, Oseni did not intend to cause grievous bodily harm to the deceased, as the court erroneously believed. court of first instance.

The court wondered why Major Oseni would be found guilty alone of the same charge having the same ingredients as the charge for which his co-defendants had all been released and acquitted.

The court concluded that the appeal was well-founded, granted it and, accordingly, discharged and acquitted Major Oseni of the charges.

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