N135m Recovered From Gen. Before Court Martial – TheNigerialawyer

SOME N135 million has been recovered from Maj-Gen. Hakeem Otiki
who has been accused of stealing and diverting Nigerian Army’s
cash.

The General, who is standing trial on five counts before a Court
Martial, has pleaded not guilty.

He has been battling for the leave of the tribunal to allow him
travel for medical treatment to Florida United States (U.S.).

Besides, Gen. Otiki has pleaded with the tribunal to unfreeze
his account which was placed under Post No Debit (PND) by the
Economic and Financial Crimes Commission (EFCC).

It was learnt that about N160 million was released from the Army
to its Sokoto Division to cater for the special intervention.

The cash was, however, lost in transit between Sokoto and Kaduna
and the General was alleged to have detailed his escorts to guard
one Alhaji Abo Aliu from Sokoto to Kaduna with the sum of ?
100,000,000.00 and $86,000.00.

But between Funtua and Zaria, the armed escorts in the Toyota
Sport Utility Vehicle (SUV) connived and robbed Alhaji Abo of the
?100,000,000.00 and $86,000.00 that was given to him by the
suspect.

After the robbery incident, Abo and his friend were taken to a
nearby forest and they were dispossessed of their phones.

They (escorts) later gathered their weapons on the Buffalo SUV
and the money was transferred into the Hilux that was conveying
Abo.

Although the cash was allegedly being hauled to Kaduna for
furniture purchase, detectives were said to have suspected some
other motives.

The incident led to the arrest and trial of Gen. Otiki.

It was, however, learnt that the prosecution witnesses,
including investigators, have revealed at the ongoing trial how
N135 million was recovered from the Army officer.

One of those who probed the allegations said: “In the course of
the investigation, the team sent a letter to the General financial
intelligence unit, requesting to connect the accused senior
officer’s phone number with his bank details. We also wrote a
letter to the Army intelligence, their tech unit, requesting a
forensic analysis of the phone of the accused. The team also wrote
a letter to the CAC.

“The team travelled from Abuja to Sokoto but before the travel,
the team recorded the statement of the accused. After the initial
statement, on the 19/07/19, he requested to make another statement
and the request was granted. He has two statements made on the
19/07/19.

“On the 24/07/19, the team invited the officer for
interrogation, on 06/08/19, the team recorded another statement of
the accused. On 08/08/19, there was another session with the senior
officer (another question and answer session).

“On 14/08/19, there was another question and answer session with
the accused senior officer.

“The team proceeded to Sokoto on the 25/07/19, where the team
interviewed principal staff officers and other witnesses at Sokoto
i.e S.D Headquarters. While in Sokoto, the team obtained documents
important to this case, the team equally collected a committee
report on barracks administration as well as executive summary from
the committee.

“The team also inspected some of the projects that were ongoing
at the division. Documents like the Harmonized Terms and Condition
of Service of officers and the manual of collection of Armed forces
2018 were collected too. We also obtained authority from the
collection of arms and ammunition from the commissioner of
arms.

“Furtherance to the investigation, the team got hold of some
monies that were carted away by the ‘accused’. The team recovered
?15,382,000.00 and $6,600. Furthermore, another sum of
?20,000,000.00 was also recovered in the course of this
investigation.

“Another sum of ?100,000,000.00 was equally recovered in the
course of the investigation.”

As at press time, the embattled General was battling to secure
the court’s nod to travel out for medical treatment abroad on or
before October 15.

He said his health has been failing him having undergone a
spinal cord surgery in the past.

Those on the defence team of the embattled Army General are:
Okechukwu Ajunwa, Femi Oyebanjo; Mike Kebunko and Kenneth Anyang
have pleaded with the tribunal to allow their client to travel to
the U.S. for treatment.

They said the Army officer would need a spine transplant.

The defence team said: “He has been detained and underwent an
excruciating condition at the detention; as a result, he suffered
severe pains in his lower back. After medical examinations, it was
reported that he needs a spine transplant.

“The right to life is sacrosanct as granted in the 1999
Constitution of the Federal Republic of Nigeria and Article 4 of
the African Charter on Human and Peoples Rights, it is the only
right that cannot be restored once it is lost. I refer this court
to the case of Alhaji Toyin Jimoh vs. C.o.p (2006) 22 WRN, 77 at
85-86.

The prosecution objected to his request, arguing: “We have
listened to the defence’s application, we are still saying that his
application is hinged on nothing, there is nothing before this
court, my learned counsel is not a medical doctor and such
documents means nothing before this court.

“Fundamental human rights are subject to certain conditions.
First, I refer this court to Section 122(6) and 122 (e) Armed
Forces Act, Chapter A20, Laws of the Federation, 2004. Secondly,
these conditions amongst other things are to ensure the safety of
the person standing trial. EFCC can arrest him if released.