Major Oseni, Released From Prison After Discharge By Appeal Court

SaharaReporters had reported that Oseni, who was earlier convicted of manslaughter and sentenced to ten-year imprisonment on February 7, 2020, over the death of a junior colleague, Lance Corporal Benjamin Collins, was recently discharged and acquitted by the Court of Appeal in Abuja.

An Army Major, Akeem Aderogba Oseni with service number – N/12127 has finally and unconditionally been released from the Nigerian Correctional Centre, Kuje, Abuja following his acquittal and discharge by the Appeal Court.

SaharaReporters had reported that Oseni, who was earlier convicted of manslaughter and sentenced to ten-year imprisonment on February 7, 2020, over the death of a junior colleague, Lance Corporal Benjamin Collins, was recently discharged and acquitted by the Court of Appeal in Abuja.

Major Oseni, according to his counsel, Chief Mike Ozekhome, SAN, was discharged and acquitted of the charge of manslaughter punishable under sections 105(A) of the Armed Forces Act, CAP A20, LFN,2004, in Appeal No CA/ABJ/CR/764/2021; and charge No AHQGAR/G1/300/47 on October 31, 2022.

In a judgment on the appeal argued by Ozekhome on September 19, 2022, Aderogba was ordered to be released from prison upon his victory.

In a statement made available to SaharaReporters on Thursday, Ozekhome said the law is a powerful instrument to redress wrongs and grievances when fully and honestly applied without fear or favour, ill-will or malice.

This according to him described the case of Oseni (N/12127).

“This followed his victory at the Court of Appeal, Abuja, against the Nigerian Army, in an appeal filed and argued on his behalf by his counsel, Dr Mike Ozekhome, SAN, CON.

“He has now regained his precious freedom from the Kuje Correctional Centre, following the unanimous landmark judgment delivered by a three-man panel of the Court of Appeal, Abuja division, presided over by Hon. Justice Jonah Adah (presiding Justice); Hon Justice Mohammed Mustapha; and Hon Justice Bature Isa Gafai (as members).

“His final long work to freedom followed the service of the enrolled order of the Court of Appeal and Warrant of release issued under the hand of Hon Justice Jonah Adah George, JCA (presiding).

“Major Oseni has since reunited with his family, loved ones and associates, having been in prison custody since 9th February, 2020. The Lord is good all the time,” Ozekhome said.

In a report published by SaharaReporters on Tuesday, Ozekhome narrated how in February 2017, Major General Obot (rtd), Chief of Staff (COS), AHQ Garrison instructed Oseni and three other officers namely Major O. Osawu, Captain S Amosu and Lieutenant Dogary to drill the late Corporal Collins over an attempted jailbreak.

In obedience to Major Obot’s instruction, Oseni within a few minutes of the drilling counselled Corporal Collins and invited the co-admin, who also admonished Collins and ordered his return to the facility where he was being kept, to which he immediately complied.

Subsequently, during his routine checks as the field officer, Oseni informed that Collins had been struggling with his leg irons. And on observing the deceased’s health condition, Major Oseni summoned the officer in charge of the detention facility and they both drove Corporal Collins to the Defence Headquarters Medical Centre, where he died shortly after their arrival.

Following Corporal Collins’ death, Major Oseni, Osawe, Amosu and Dogary were arraigned 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 sentence by the Army Council engaged the services of Ozekhome.

Ozekhome filed six grounds of appeal on behalf of Major Oseni.

On September 19, 2022, Ozekhome argued the appeal before the Court of Appeal, Abuja Division, before 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, 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 which was not properly evaluated, Major Aderogba Oseni 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 as 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 Oseni of the charges,” Ozekhome added.

(Sahara Reporters).