By Lukman Olabiyi.
The Supreme Court of Nigeria has dismissed the appeal filed by Nigeria Army seeking to upturn Court of Appeal’s verdict that quashed the conviction of
Major Akeem Aderogba Oseni, who was earlier convicted of manslaughter over the death of a junior colleague.
Oseni had been sentenced to ten-year imprisonment in a judgement on February 7, 2020.
In February 2017, Oseni and three other officers, Major O. Osawu, Captain S Amosu, and Lieutenant Dogary, were instructed to drill a soldier, Lance Corporal Benjamin Collins, who attempted jailbreak.
Within few minutes of the drilling, Oseni counselled the soldier, and invited the co-admin, who also admonished the soldier and ordered his return to the earlier identified facility; and he immediately complied.
Oseni, during his routine checks as the field officer, was later informed that the deceased soldier had been struggling with his leg cuffs.
On seeing his condition, he summoned the officer in charge of the detention facility, and they both drove the soldier to Defence HQ Medical Centre, where he (Collins) was confirmed dead shortly after their arrival.
Major Oseni was court-martialled by the military authorities along with Osawe, Amosu and Dogary, on a lone count of manslaughter in Charge No AHQGAR/GI/300/47 between Major A.A Oseni & 3 others vs Nigerian Army, dated August 9, 2018, in a General Court Martial, which sat at Command Officers’ Mess, Asokoro, Abuja.
Judgement was delivered on February 7, 2020, sentencing Major Oseni to ten years imprisonment. The sentence was confirmed on November 24, 2020 by the Army Council.
Captain Amosu, Oseni’s co-accused was acquitted at the point of sentence on 7th February, 2020.
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.
Dissatisfied with the said judgment/findings and the confirmation of his sentence by the confirming authority, Major Oseni approached Court of Appeal on the matter and the appellate court upturned his conviction and exonerated of any wrongdoing.
However, Nigeria Army being dissatisfied with the Court of Appeal’s verdict, filed an appeal at the apex court to upturn the acquittal of Major Oseni.
But despite filing an appeal against the acquittal of Major Oseni, the appellant failed to compile and transmit record of appeal.
Ruling on the case, the apex court in it verdict dismissed the case due to the failure of appellant to compile and transmit record of appeal.
The lead judge, Justice Uwani Musa Abba Ahi held: “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”.