The Supreme Court has dismissed an appeal by the Nigerian Army seeking to overturn the acquittal of Major Akeem Oseni, who was previously convicted of manslaughter in connection with the death of a junior colleague.
Oseni was initially sentenced to 10 years in prison by a General Court Martial on February 7, 2020.
The conviction stemmed from a 2017 incident in which he and three other officers—Major O. Osawe, Captain S. Amosu, and Lieutenant Dogary—were ordered to discipline Lance Corporal Benjamin Collins, a soldier accused of attempting a jailbreak.
According to court records, Oseni had stopped the disciplinary session shortly after it began, counselled the soldier, and summoned a superior officer, who further reprimanded Collins and ordered his return to the detention facility.
Later, while conducting routine checks, Oseni was informed that Collins was struggling with his leg cuffs.
He immediately took action, summoning the officer in charge of the detention facility and transporting Collins to the Defence Headquarters Medical Centre, where he was pronounced dead shortly after arrival.
Following a court-martial, Oseni was convicted of manslaughter, while one co-accused, Captain Amosu, was acquitted at sentencing.
The two other officers, Major Osawe and Lieutenant Dogary were later discharged and acquitted by the Army Council on November 24, 2020.
Unhappy with his conviction, Oseni appealed the ruling, and the Court of Appeal overturned the judgment, declaring him innocent.
However, the Nigerian Army challenged this decision at the Supreme Court, seeking to reinstate his conviction.
Despite filing an appeal, the Army failed to compile and transmit the necessary records. In its ruling.
The Supreme Court dismissed the case, citing procedural lapses.
Justice Uwani Aji, who delivered the lead judgment on Wednesday, said, “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. The said appeal No. SC/CR/948/2023 is hereby dismissed.”
Oseni was represented by a team of legal counsel including David Ogundipe, Abdulwahab Abdulakeem, Aisha Okuribido, and Oluwafemi Oluwadamisi.