The Supreme Court of Nigeria has affirmed the acquittal of former General Officer Commanding (GOC), 8 Division of the Nigerian Army, Major General Hakeem Oladapo Otiki (retd), bringing to an end a prolonged legal battle over the alleged disappearance of N100 million in military operational funds.
The landmark judgment, delivered by a five-member panel of the apex court, upheld the December 2024 ruling of the Court of Appeal which had earlier voided the conviction of the retired senior military officer by a General Court Martial (GCM).
In a unanimous decision, the Supreme Court dismissed the appeal filed by the Nigerian Army and sustained the discharge and acquittal of Otiki, effectively clearing him of all allegations connected to the controversial missing funds case that attracted nationwide attention within military and legal circles.
The verdict marks the conclusion of a six-year legal dispute that began in 2019 following the reported disappearance of military operational cash allegedly meant for official assignments.
Otiki had been convicted in 2020 by a military tribunal after being accused in connection with the disappearance of N100 million allegedly stolen by soldiers assigned to transport the money from Sokoto to Kaduna in July 2019.
At the time, the case generated significant public interest because of the sensitive nature of the allegations and the high-ranking status of the officer involved.
The prosecution had argued before the General Court Martial that the former GOC failed in his responsibilities relating to the handling and movement of military operational funds.
Following the tribunal proceedings, Otiki was convicted and subjected to disciplinary measures, a development that triggered legal challenges from his defence team who insisted that the retired general was wrongly held responsible for actions allegedly committed by subordinate officers.
Dissatisfied with the judgment of the military tribunal, Otiki approached the appellate court, arguing that the conviction lacked sufficient legal and evidential foundation.
In December 2024, the Court of Appeal ruled in his favour, nullifying the verdict of the General Court Martial and holding that the prosecution failed to establish the allegations beyond reasonable doubt.
The appellate court consequently discharged and acquitted the retired army officer, a ruling that was later challenged by the Nigerian Army at the Supreme Court.
However, in its final judgment, the apex court agreed with the reasoning of the Court of Appeal and dismissed the military’s appeal in its entirety.
Legal observers described the decision as a major reaffirmation of the principles of fair hearing, burden of proof and judicial scrutiny of military disciplinary procedures.
The judgment is also expected to generate wider discussions within legal and military institutions regarding accountability, command responsibility and the limits of military tribunal powers.
Although the detailed reasoning of the Supreme Court panel was not immediately made public, legal experts noted that the unanimous nature of the decision underscored the court’s firm position on the matter.
The case had remained one of the most closely watched military-related legal disputes in recent years because it involved issues of operational accountability, internal military discipline and financial management within the armed forces.
The controversy originally stemmed from the movement of operational funds reportedly intended for military activities in the North-West region during heightened security operations.
According to earlier reports, the money allegedly disappeared while being transported by soldiers between Sokoto and Kaduna, prompting internal investigations and eventual disciplinary action against several officers and personnel.
While some of the personnel linked to the incident reportedly faced separate investigations and sanctions, the prosecution of Otiki became the focal point of the case because of his position as the commanding officer of the division at the time.
With the Supreme Court’s verdict now settling the matter conclusively, the retired general has been fully cleared of criminal liability in relation to the alleged missing funds.
The ruling is also likely to be referenced in future cases involving military justice and appeals arising from decisions of court martial proceedings in Nigeria.
