N22.8 Billion Fraud Allegations Against Former Chief Of Air Staff Dismissed by Court

In a significant legal development, the Federal High Court in Lagos has dismissed a high-profile N22.8 billion fraud charge leveled against former Chief of Air Staff, Air Marshall Adesola Amosu, alongside two other distinguished Air Force Chiefs.

Justice Chukwujekwu Aneke, presiding over the case, rendered a decisive ruling, granting the military officers freedom by upholding their separate preliminary objections challenging the court’s jurisdiction to prosecute them for the alleged financial misconduct.

The court’s decision was grounded on the rationale that Amosu and his co-defendants, Air Vice Marshal Jacob Bola Adigun and Air Commodore Gbadebo Owodunni Olugbenga, were serving in active military roles at the time of the purported offense, thereby precluding their trial by the Economic and Financial Crimes Commission (EFCC).

Notably, Air Marshall Amosu assumed the position of Chief of Air Staff on January 16, 2014, and was relieved of his duties on July 13, 2015, a full year prior to his arraignment before the court.

The legal saga commenced with the initial arraignment of the defendants before Justice Mohammed Idris on June 29, 2016, by the EFCC, along with seven corporate entities implicated in the alleged financial improprieties.

The charges revolved around accusations of conspiracy, embezzlement, money laundering, and misappropriation of funds belonging to the Nigerian Air Force, purportedly committed in Lagos around March 5, 2014.

Despite pleading not guilty, the defendants faced a protracted legal battle, compounded by subsequent amendments to the charge and the forfeiture of assets allegedly linked to the defendants.

Efforts to negotiate plea bargains between the defendants and the EFCC were thwarted due to irreconcilable differences regarding the terms of the agreement.

The defense, represented by Bolaji Ayorinde (SAN), contended that the defendants, as serving military officers during the EFCC’s investigation, were subject exclusively to trial by a court-martial.

In a meticulously reasoned judgment, Justice Aneke scrutinized the legality of the investigation and subsequent proceedings, ultimately deeming them null and void on the grounds of procedural irregularities.

Drawing on legal precedent, the court affirmed that the charges against the defendants were untenable, leading to their dismissal and the vindication of their rights.

This landmark decision underscores the imperative of upholding due process and legal standards in combating corruption and ensuring the integrity of judicial proceedings.