N22.8b Fraud: Court Grants Ex-Air Force Chief, Others Access To Court’s Records
Justice Mohammed Idris of the Federal High Court in Lagos on Wednesday adjourned the on- going trial of a former Chief of Air Staff, Air Marshal Adesola Amosu (rtd) and two other officers of the Air Force, Air Vice Marshal Jacob Bola Adigun and Air Commodore Gbadebo Owodunni, to allow them access to court’s records.
Justice Idris granted the defence permission to the court’s records after a request by the defendants’ lawyers to that effect.
The defence counsel led by Chief Bolaji Ayorinde (SAN) had made the request to enable them prepare effectively for the cross-examination of an investigative officer with the Economic and Financial Crimes Commission (EFCC), Tosin Owobo.
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 Air force 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.
At the resumed hearing of the case on Wednesday, Ayorinde drew the court’s attention to a letter dated March 29, 2018, wherein he is asking that the Certified True Copy (CTC) of record of proceedings be made available to him.
He said: “On March 29, 2018, we had written the court applying for the Certified True Copy (CTC) of the proceedings as recorded by the court. I will be applying that the court should direct the registrar to provide us with the CTC of the proceedings. We want to study it for us to properly cross-examine the witness”.
He later sought an adjournment of the matter.
Other defence lawyers aligned themselves with Ayorinde’s submissions. In particular, Adigun’s lawyer, Norrison Quakers (SAN) citing Section 396 (5) of the Administration of Criminal Justice Act (ACJA) 2015 said an adjournment is permitted when the hearing of a matter on a daily basis is not practicable.
Quakers submitted that the defence needs to compare their notes with the court’s record for a proper examination of Owobo, who was described as a star witness of the prosecution.
However, the EFCC counsel, Rotimi Oyedepo, urged the court to refuse the request because the defendants have been afforded requisite time and facilities to prepare for their defence.
Oyedepo stated, “The defendants were served with the proof of evidence on June 23, 2016. During proceedings, the defence was taking notes painstakingly and as such it cannot be said that records of proceedings were not available to them. It would have been a different thing if the defence lawyers have not participated in the proceedings. The application is not in the interest of justice and I urged the court to refuse it.”
However, in a short ruling, Justice Idris overruled Oyedepo’s objection and granted the defendants permission to access the court’s record.
Further hearing in the matter has been adjourned to May 2 by 1pm.
