Adedokun Waliyu 
A Nigerian Army Major, Akeem Aderogba Oseni, who was earlier convicted of manslaughter and sentenced to ten-year imprisonment on February 7, 2020 over the death of a junior colleague, late Lance Corporal Benjamin Collins, has been discharged and acquitted by the Court of Appeal in Abuja.
This was made known by Chief Mike Ozekhome (SAN) in a statement made available to SaharaReporters on Tuesday in which the legal luminary noted that Major Oseni’s victory and freedom was as a result of a landmark appeal he (Ozekhome) filed and argued on Monday.
Ozekhome in the statement recounted that in February 2017, Major General IN Obot (rtd), Chief of Staff (COS), AHQ Garrison instructed Oseni and three other officers including Major O. Osawu, Captain S Amosu and Lieutenant Dogary to drill Late Corporal Collins over an attempted jailbreak.
In obedience to Major Obot’s instruction, Oseni within a few minutes of the drilling counseled Late Corporal Collins, and invited the co-admin, who also admonished Late Corporal Collins and ordered his return to the earlier identified facility, to which he immediately complied.
Subsequently, during his routine checks as the field officer, Oseni informed that Late Corporal Collins had been struggling with his leg cuffs, and on observing the deceased’s health condition, Major Oseni summoned the officer in charge of the detention facility and they both drove the Late Corporal Collins to Defence HQ Medical Centre, where he died shortly after their arrival.
Following Late Corporal Collins’ death, Major Oseni, Osawe, Amosu and Dogary were court-martialled by the military authorities on a lone count of manslaughter in Charge No AHQGAR/GI/300/47 between Major A.A Oseni & 3 others v. Nigerian Army, dated 9th August, 2018, in a General Court Martial, sitting at Command Officers’ Mess, Asokoro, Abuja.
On February 7, 2020, the General Court Martial in its judgment sentenced Major Oseni to 10 years imprisonment and on November 24, 2020 the Army Council confirmed Major Oseni’s 10 years prison sentence.
Meanwhile, Major Oseni’s co-accused, Capt Amosu was acquitted at the point of sentence on February 7, 2020 while the other two officers who were also jointly charged with him were discharged and acquitted during confirmation by the Army Council on November 24, 2020.
Major Oseni who was dissatisfied with the General Court Martial judgment/findings and the subsequent confirmation of his 10 years jail sentence by the Army Council approached Chief Ozekhome.
After hearing from Major Oseni, Ozekhome in a notice of appeal dated January 28, 2021 and filed on October 11, 2021, and by leave of the Court of Appeal granted on September 28, 2021, filed six grounds of appeal on behalf of Major Oseni.
On September 19, this year, Ozekhome argued the appeal before the Court of Appeal, Abuja Division, in a three-man panel led by Justice Stephen Jonah Adah (presiding justice), Justice Mohammed Mustapha And Justice Bature Isa Gafai (as members); wherein judgment was reserved.
On Monday, October 31, this year, the Appellate court in a unanimous judgment by the three-man panel of judges discharged and acquitted Major Oseni of the charge of manslaughter punishable under sections 105(a) of the Armed Forces Act, CAP A20, LFN, 2004.
In the ruling, the Appeal Court agreed with the argument of Ozekhome that the Nigerian Army did not prove the offence of manslaughter against Major Oseni.
“The court further agreed with Ozekhome that Oseni was not found to have been reckless in the manner he handled the deceased soldier on his superior’s instructions, which he merely carried out.
“From evidence available to the lower court by which was not properly evaluated, Major Aderogba did not intend to cause grievous bodily harm to the deceased as erroneously held by the trial court.
“The court wondered why Major Oseni would be convicted alone of the same charge having the same ingredients with the charge on which his co-accused had all been discharged and acquitted.
“The court found merit in the appeal,allowed it,and accordingly discharged and acquitted Major Aderogba of the charges,” Ozekhome added.
