N22.8b Diverted By NAF Officers Was Meant For Fight Against Boko Haram, EFCC Tells Court
Justice Mohammed Idris of the Federal High Court in Lagos on Tuesday heard that part of the funds allegedly diverted from the Nigeria Air Force (NAF) by some of its senior personnel were meant for the purchase of aviation fuel and for “operations” related to fighting the Boko Haram insurgency.
This revelation was made by an operative of the Economic and Financial Crimes Commission (EFCC) Tosin Owobo at the on- going trial of a former Chief of Air Staff, Air Marshal Adesola Amosu (rtd) and two other, currently facing trial over alleged N22.8 billion.
Owobo, who is a witness in the case, also claimed that the funds were transferred from the Ministry of Defence to NAF operation account with various descriptions, including “Operation Lafia Dole.”
Amosu, was arraigned on June 29, 2016 by the Economic and Financial Crimes Commission (EFCC) alongside two senior serving Air Force officers, Air Vice Marshal Jacob Bola Adigun and Air Commodore Gbadebo Owodunni Olugbenga and seven companies before Justice Mohammed Idris.
Companies named in the charge are Delfina Oil and Gas Ltd, Mcallan Oil And Gas Ltd, Hebron Housing and Properties Company Ltd, Trapezites BDC, Fonds and Pricey Ltd, Deegee Oil and Gas Ltd, Timsegg Investment Ltd and Solomon Health Care Ltd.
The EFCC accused them of conspiracy, stealing, money laundering, concealing of proceeds of crime and conversion of funds belonging to the Nigerian Airforce to their personal use around March 5, 2014 in Lagos.
They were also accused of concealing “proceeds of crime” and thereby committed an offence contrary to Section 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012 and punishable under Section 17(a).
However, the defendants had pleaded not guilty to the charges.
Owobo, who was being cross-examine by Amosu lawyer, Chief Bolaji Ayorinde (SAN) stated further that NAF officers who were interrogated said the funds were for “operational activities” and were disbursed based on Amosu’s instructions.
The witness testified that a team of eight operatives investigated the case, that he participated in all aspects of the investigation, and that the commission did not conduct raids but searches.
He said that his team investigated the sources of funds which flowed into NAF operation account.
The witness also said “there were inflows of N1billion on January 17, 2013; N100million on May 15, 2013 and N18.6million on June 12, 2013 from Ministry of Defence Headquarters.
When asked by the defence lawyer, “While doing analysis during your investigations, did you discover what purpose the inflow was meant for?”
The witness said: “After we began our investigations, the NAF officers we had a discussion with told us that money paid into this account was for operational activities.”
Ayorinde asked: “Did you ask the Ministry of Defence why the N1billion was paid from the Ministry?” Owobo said: “I cannot remember.”
Asked if he knew what the N18.6 million was meant for, Owobo said: “We did not inquire.”
Owobo said former Chief of Air Staff Alex Badeh was among those interviewed during the investigation, and that he made a statement.
Ayorinde then asked that Badeh’s statement, which was not frontloaded, be provided. He said he needed the statement for his client’s defence.
But, prosecuting counsel Rotimi Oyedepo asked that the matter be stood down for 20 minutes to enable him get Badeh’s statement. He opposed Ayorinde’s application for an adjournment, saying it would further delay the case.
However, all the defence counsel rejected the application for a stand-down, saying it was better to adjourn.
Ruling, Justice Idris said: “Section 36 of the Constitution guarantees the right to fair hearing, which means that the rights and interests of parties to a dispute before the court should be protected.
“Where a party to a criminal trial has applied for documents in the possession of the state to enable him prepare adequately for his defence, the state has a duty to make available to that party, duly certified copies of the documents upon payment of the required legal fees.
“In the interest of justice, I think it is more convenient to adjourn in line with the provisions of the Administration of Criminal Justice Act. I know that while justice delayed is justice denied, justice rushed is justice crushed. We shall adjourn in the interest of justice.”
Justice Idris then adjourned until May 15 for continuation of trial.
