N22.8bn Fraud: Court Declares Assessment Visit To Ex-Chief Of Air Staff Properties Premature
Justice Mohammed Idris of the Federal High Court in Lagos Thursday refused an application urging him to conduct an on the spot assessment of some of the properties allegedly illegally acquired by a former Chief of Air Staff, Air Marshal Adesola Amosu Nunayon (rtd) and two other naval officers.
The court described the application filed by the Economic and Financial Crimes Commission (EFCC) as premature at this stage of the criminal proceedings.
Amosu was arraigned on June 29, 2016, by the EFCC alongside two senior serving Air Force officers, Air Vice Marshal Jacob Bola Adigun and Air Commodore Gbadebo Owodunni Olugbenga and seven companies before the court.
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 over N22.8 billion belonging to the Nigerian Airforce to their personal use around March 5, 2014, in Lagos.
They pleaded not guilty to the charges.
During Wednesday’s proceedings, lawyer to the EFCC, Mr. Rotimi Oyedepo, had made an oral application urging the court to visit the “locus in quo” for the purpose of admitting in evidence, various immovable properties allegedly acquired by the accused.
But in opposition to the application, one of the defence counsel, Chief Bolaji Ayorinde (SAN) argued that a court’s visit to a “locus” is not at large.
According to him, any visit must be specific, direct and linked to evidences already given in the course of proceedings. He thereby urged the court to refuse the application.
Delivering his ruling on the application on Thursday, Justice Mohammed Idris held, “I find that the circumstances surrounding the application for a ‘locus in quo’ are immaterial at this stage of the proceedings; a visit to the locus at this stage is premature.
“I hereby refuse the application to conduct such visit at this stage”, he held.
After the ruling, the prosecutor commenced examination of its witness, and tendered some documents in evidence.
Defence counsel had began a perusal of some of the documents but shortly along the line, the prosecutor urged the court to order parties to compare document so as to allow for free flow of proceedings without hiccups.
The court adjourned until October 3 and 4 for continuation of trial.
In one of the counts, the accused were said to have indirectly converted the sum of N3.6 billion belonging to the Nigerian Air force, to their own use.
He said the alleged theft was for the purpose of purchasing for themselves a property situated at No.1, River Street, Wuse II, Abuja.
The alleged offences were said to have contravened the provisions of Sections 18(a) of the Money Laundering (Prohibition) (Amendment) Act, 2012.
