The Supreme Court has dismissed an appeal by the Nigerian Army, which sought to overturn the acquittal of Major Akeem Oseni, a senior officer previously convicted of manslaughter over the death of a junior colleague.
Oseni was initially sentenced to 10 years in prison by a General Court Martial on February 7, 2020, following the death of Lance Corporal Benjamin Collins in 2017. The incident occurred when Oseni and three other officers—Major O. Osawe, Captain S. Amosu, and Lieutenant Dogary—were instructed to discipline Collins, who had been accused of attempting a jailbreak.
According to court records, Oseni stopped the disciplinary session shortly after it began. Instead of using force, he counseled Collins and called a superior officer, who reprimanded the soldier and ordered him back to the detention facility.
Later, Oseni was informed that Collins was struggling with his leg cuffs. Acting immediately, he summoned the officer in charge of the detention facility and ensured Collins was taken to the Defence Headquarters Medical Centre. Unfortunately, Collins was pronounced dead shortly after arriving at the hospital.
A court-martial found Oseni guilty of manslaughter, while one co-accused, Captain Amosu, was acquitted. The other two officers, Major Osawe and Lieutenant Dogary, were later discharged and acquitted by the Army Council on November 24, 2020.
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Unhappy with his conviction, Oseni appealed the ruling. The Court of Appeal reviewed the case and overturned the conviction, declaring him innocent. However, the Nigerian Army was not satisfied with the decision and took the matter to the Supreme Court, hoping to reinstate the original verdict.
Despite filing the appeal, the Army failed to compile and transmit the necessary records on time, leading to a procedural lapse. The Supreme Court, in its judgment, dismissed the appeal entirely.
Justice Uwani Aji, who delivered the lead ruling on Wednesday, stated:
“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,” Aji said.
With this ruling, Oseni has been fully acquitted of the manslaughter charge, bringing an end to a legal battle that has lasted several years.
Oseni was represented by a team of lawyers, including David Ogundipe, Abdulwahab Abdulakeem, Aisha Okuribido, and Oluwafemi Oluwadamisi.